The Empress Vs. Kudrutoollah and ors.

The Empress vs Kudrutoollah and ors.

Type Court Judgment Court Kolkata Decided Mar 22, 1878

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Citation: sooperkanoon.com/871021
Court: Kolkata
Judge: L.S. Jackson and ;Cunningham, J.
Decided On: Mar 22, 1878
Subject: Criminal

Case Summary

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

Practice - Committal for trial after charge has been drawn up--Criminal Procedure Code (Act X, 1872), Sections 4, 220, 221. -

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

The Empress

Respondent

Kudrutoollah and ors.

Excerpt

practice - committal for trial after charge has been drawn up--criminal procedure code (act x, 1872), sections 4, 220, 221. - l.s. jackson, j.1. 'trial,' according to the definition in section 4 of the criminal procedure code, means 'the proceedings taken in court after a charge has been drawn up.' it is clear, therefore, that section 221 of the criminal procedure code, which follows section 220, authorises a magistrate, although a charge may have been drawn up, to stop further proceedings and commit for trial: for this purpose section 221 may be regarded as a proviso to section 220. it may be added that, though the explanation to section 220 provides that if a charge is drawn up, the prisoner must be either convicted or acquitted, it does not require that the conviction or acquittal should be by the magistrate who drew it.2. we see no reason, therefore, to quash the commitment.

Full Judgment

L.S. Jackson, J.

1. 'Trial,' according to the definition in Section 4 of the Criminal Procedure Code, means 'the proceedings taken in Court after a charge has been drawn up.' It is clear, therefore, that Section 221 of the Criminal Procedure Code, which follows Section 220, authorises a Magistrate, although a charge may have been drawn up, to stop further proceedings and commit for trial: for this purpose Section 221 may be regarded as a proviso to Section 220. It may be added that, though the explanation to Section 220 provides that if a charge is drawn up, the prisoner must be either convicted or acquitted, it does not require that the conviction or acquittal should be by the Magistrate who drew it.

2. We see no reason, therefore, to quash the commitment.

Same Parties The Empress vs Kudrutoollah and ors. Same Subject Criminal Same Judge L.S. Jackson and ;Cunningham, J.

Criminal