In Re: Oonna Mudali and ors. - Court Judgment

Excerpt:
- orderlakshmana rao, j.1. the offences disclosed are triabel by a second class magistrate and it is not stated that he cannot adequately deal with them. that the case is counter to preliminary register case no. 4 of 1938 which has to be committed to the sessions is not a sufficient reason for treating it also as a preliminary register case. vide in re mounaguruswami naicker (1932) 64 m.l.j. 150 : i.l.r. 56 mad. 159 , and the order of the sub-magistrate converting the case into a preliminary register case cannot be sustained. it is therefore set aside and the case will be dealt with as a calender case.

Judgment:
ORDER

Lakshmana Rao, J.

1. The offences disclosed are triabel by a Second Class Magistrate and it is not stated that he cannot adequately deal with them. That the case is counter to Preliminary Register Case No. 4 of 1938 which has to be committed to the Sessions is not a sufficient reason for treating it also as a Preliminary Register case. Vide In re Mounaguruswami Naicker (1932) 64 M.L.J. 150 : I.L.R. 56 Mad. 159 , and the order of the Sub-Magistrate converting the case into a Preliminary Register case cannot be sustained. It is therefore set aside and the case will be dealt with as a Calender Case.