Queen-empress Vs. Nagappa

Queen-empress vs Nagappa

Type Court Judgment Court Chennai Decided Mar 28, 1893

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Citation: sooperkanoon.com/789804
Court: Chennai
Judge: Shephard and ;Best, JJ.
Decided On: Mar 28, 1893
Subject: Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal Procedure Code - Act X of 1882, Section 476--The nearest Magistrate of the first class--Jurisdiction of such Magistrate. - - Best, J. ' I fail to see anything illegal in these proceedings.

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Queen-empress

Respondent

Nagappa

Legal References

Reported In: (1893)ILR16Mad461

Excerpt

criminal procedure code - act x of 1882, section 476--the nearest magistrate of the first class--jurisdiction of such magistrate. - - best, j. ' i fail to see anything illegal in these proceedings.best, j.1. section 476 says that the court before which the offence is committed may send the case for inquiry or trial to the nearest magistrate of the first class. the words 'having jurisdiction to try such offence' are not to be found in the section. such being the case, it is to be assumed that the order making the transfer is of itself sufficient to confer jurisdiction.2. the second clause of section 476 authorizes the first-class magistrate, to whom a case is thus sent, to 'transfer the inquiry or trial to some other competent magistrate.' i fail to see anything illegal in these proceedings.shephard, j.3. the substitution of the description 'nearest' 'for having power to try' is significant. i agree that the transfer was not illegal.

Full Judgment

Best, J.

1. Section 476 says that the Court before which the offence is committed may send the case for inquiry or trial to the nearest Magistrate of the first class. The words 'having jurisdiction to try such offence' are not to be found in the Section. Such being the case, it is to be assumed that the order making the transfer is of itself sufficient to confer jurisdiction.

2. The second clause of Section 476 authorizes the first-class Magistrate, to whom a case is thus sent, to 'transfer the inquiry or trial to some other competent Magistrate.' I fail to see anything illegal in these proceedings.

Shephard, J.

3. The substitution of the description 'nearest' 'for having power to try' is significant. I agree that the transfer was not illegal.

Same Parties Queen-empress vs Nagappa Same Subject Criminal Same Judge Shephard and ;Best, JJ.

Criminal