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Queen-empress Vs. Atar Ali

Queen-empress vs Atar Ali

Type Court Judgment Court Kolkata Decided Nov 03, 1884
~1 min read
https://sooperkanoon.com/case/869599

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Citation
Court
Kolkata
Judge
Decided On
Subject
Criminal

Case Summary

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

False charge - Compoundable offence--Discharge of accused charged under Section 211, Indian Penal Code, upon plea of original charge having been compounded--Act XLV of 1860 (Indian Penal Code), Sections 211, 342 and 347--Act X of 1882 (Criminal Procedure Code), Section 345. -

Key legal issue
Criminal

Parties & Advocates

Appellant / Petitioner

Queen-empress

Respondent

Atar Ali

Legal References

Reported In
(1885)ILR11Cal79

Excerpt

false charge - compoundable offence--discharge of accused charged under section 211, indian penal code, upon plea of original charge having been compounded--act xlv of 1860 (indian penal code), sections 211, 342 and 347--act x of 1882 (criminal procedure code), section 345. - wilson, j.1. we agree with the district magistrate in thinking that the order of the deputy magistrate is illegal, on the ground that the compounding of the original charge was not a conclusive answer to the charge under section 211. the order will be set aside, and the case will proceed before such magistrate as the district magistrate may direct.2. the other point raised by the district magistrate we think it unnecessary to deal with upon this reference.

Full Judgment

Wilson, J.

1. We agree with the District Magistrate in thinking that the order of the Deputy Magistrate is illegal, on the ground that the compounding of the original charge was not a conclusive answer to the charge under Section 211. The order will be set aside, and the case will proceed before such Magistrate as the District Magistrate may direct.

2. The other point raised by the District Magistrate we think it unnecessary to deal with upon this reference.

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