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Azem Ali Vs. Emperor

Azem Ali vs Emperor

Type Court Judgment Court Kolkata Decided Aug 23, 1918
~1 min read
https://sooperkanoon.com/case/860710

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Citation
Court
Kolkata
Judge
Decided On
Subject
Criminal

Case Summary

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

Criminal Procedure Code (Act V of 1898) Section 190(1)(c) - Magistrate taking cognizance of offence, whether can hold inquiry preliminary to commitment. -

Key legal issue
Criminal

Parties & Advocates

Appellant / Petitioner

Azem Ali

Respondent

Emperor

Legal References

Reported In
48Ind.Cas.687a

Excerpt

criminal procedure code (act v of 1898) section 190(1)(c) - magistrate taking cognizance of offence, whether can hold inquiry preliminary to commitment. - 1. this rule is based upon an application for transfer. even if it had to be held that the magistrate took cognizance under the provisions of section 190(1)(c), criminal procedure code, still that is no bar to the magistrate holding an enquiry preliminary to commitment. we have read the magistrate's explanation and we can find no reason to think that the petitioner will not be accorded a full and fair hearing before that officer. this rule is discharged.

Full Judgment

1. This Rule is based upon an application for transfer. Even if it had to be held that the Magistrate took cognizance under the provisions of Section 190(1)(c), Criminal Procedure Code, still that is no bar to the Magistrate holding an enquiry preliminary to commitment. We have read the Magistrate's explanation and we can find no reason to think that the petitioner will not be accorded a full and fair hearing before that officer. This Rule is discharged.

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