The Empress Vs. Joy Hari Kor

The Empress vs Joy Hari Kor

Type Court Judgment Court Kolkata Decided May 03, 1877

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https://sooperkanoon.com/case/852827

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Citation: sooperkanoon.com/852827
Court: Kolkata
Judge: Markby and ;Prinsep, JJ.
Decided On: May 03, 1877
Subject: Criminal

Case Summary

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

Lunatic - Security--Criminal Procedure Code (Act X of 1872) Section 426, 432--Jurisdiction of Criminal Courts. -

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

The Empress

Respondent

Joy Hari Kor

Legal References

Reported In: (1877)ILR2Cal356

Excerpt

lunatic - security--criminal procedure code (act x of 1872) section 426, 432--jurisdiction of criminal courts. - markby, j.1. we think that we ought not to make the order asked for, because, even if the case were transferred to the magistrate to dacca, we do not think he would have power to release the lunatic upon taking security. the authority of the magistrate appears to us to cease when the lunatic is handed over to the care of the local government, and it does not revive until the prisoner is sent back to the magistrate under section 432 on a certificate that he is capable of making his defence. the deputy commissioner can, if he thinks proper, bring the matter to the government.

Full Judgment

Markby, J.

1. We think that we ought not to make the order asked for, because, even if the case were transferred to the Magistrate to Dacca, we do not think he would have power to release the lunatic upon taking security. The authority of the Magistrate appears to us to cease when the lunatic is handed over to the care of the local Government, and it does not revive until the prisoner is sent back to the Magistrate under Section 432 on a certificate that he is capable of making his defence. The Deputy Commissioner can, if he thinks proper, bring the matter to the Government.

Same Parties The Empress vs Joy Hari Kor Same Subject Criminal Same Judge Markby and ;Prinsep, JJ.

Criminal