In Re: Pothuri Venkataramayya and ors. - Court Judgment

Excerpt:

criminal procedure code (act v of 1898), section 437 - order of discharge--acquittal--further inquiry, order for, if competent. - ordersrinivasa aiyangar, j.1. in this case the sessions judge had no jurisdiction to order any further enquiry as the so called discharge by the first class magistrate was in effect an acquittal. see tanguturi sriramulu v. nalam krishna row 25 ind. cas. 1001; 27 m.l.j. 589 i, therefore, set aside the order of the sessions judge ordering further enquiry, the result of which will be that the accused in this case will have an acquittal entered in his favour.

Judgment:

ORDER

Srinivasa Aiyangar, J.

1. In this case the Sessions Judge had no jurisdiction to order any further enquiry as the so called discharge by the First Class Magistrate was in effect an acquittal. See Tanguturi Sriramulu v. Nalam Krishna Row 25 Ind. Cas. 1001; 27 M.L.J. 589 I, therefore, set aside the order of the Sessions Judge ordering further enquiry, the result of which will be that the accused in this case will have an acquittal entered in his favour.