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In Re: Pothuri Venkataramayya and ors.

Type Court Judgment Court Chennai Decided Jun 04, 1914
~1 min read
https://sooperkanoon.com/case/821491

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Citation
Court
Chennai
Judge
Decided On
Subject
Criminal

Case Summary

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

Criminal Procedure Code (Act V of 1898), Section 437 - Order of discharge--Acquittal--Further inquiry, order for, if competent. -

Key legal issue
Criminal

Parties & Advocates

Appellant / Petitioner

In Re: Pothuri Venkataramayya and ors.

Legal References

Cases Referred
See Tanguturi Sriramulu v. Nalam Krishna Row
Reported In
32Ind.Cas.687

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.

Full 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.

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Same Parties In Re: Pothuri Venkataramayya and ors. vs Same Subject Criminal Same Judge Srinivasa Aiyangar, J.
Criminal

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