Allahabad Court September 1914 Judgments
Emperor Vs. Ghasite
Court: Allahabad
Decided on: Sep-10-1914
Reported in: AIR1914All548(2); (1915)ILR37All31
Piggott, J.1. I think there is good deal to be said for the view taken of this case by the District Magistrate, but I am inclined to doubt whether it is worth this Court's while to interfere. The District Magistrate seems to think that this Court in revision can set aside an order under Section 562 of the Code of Criminal Procedure and of its own authority substitute for that order a sentence of whipping or of imprisonment. Under Sections 439/423 of the Code of Criminal Procedure, this Court certainly could not take the action suggested. The provisions of Section 439 itself empower the High Court in revision to enhance a sentence, but it is clear that no sentence has been passed in the present case. The court instead of sentencing the accused has ordered him to enter into a bond to appear and receive sentence when called upon. The point of law thus taken may appear a technical one, but it is closely connected with another question of considerable importance, viz., the question whether ...
Tag this Judgment!Emperor Vs. Mul Chand
Court: Allahabad
Decided on: Sep-07-1914
Reported in: (1915)ILR37All30
Piggott, J.1. The order in this case requiring the applicant Mul Chand to furnish security to keep the peace was passed without any ' inquiry as to the truth of the information upon which action had been taken,' within the meaning of Section 117 of the Code of Criminal Procedure. The Magistrate referred to the result of a case tried by him in which certain persons were put on their trial on charges under Sections 147 and 325 of the Indian Penal Code, as justifying the order passed by him in the present case against Mul Chand. I do not know whether Mul Chand was or was not an accused person in the riot case above referred to and if he was or was not convicted in that case. However this may be, though the proceeding in the riot case might justify an order under Section 106 of the Code of Criminal Procedure against any person who may have been convicted at that trial, it had nothing to do with the proceeding now before me. The law required the Magistrate to hold an inquiry, and even thoug...
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