Allahabad Court September 1919 Judgments
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Avadh Behari Lal Vs. Emperor
Court: Allahabad
Decided on: Sep-22-1919
Reported in: AIR1919All413(2); 53Ind.Cas.624
Ryves, J.1. In this case Avadh Behari Lal was sent up for trial under Sections 218, 409 and 466 of the Indian Penal Code on eight, counts and wit convicted on four counts under Sections 409 and 466, It seems to ma that this is in contravention of the plain wording of Section 234 of the Criminal Procedure Code. According to the ruling of the Privy Council in the well known care of Subrahmania Ayyar v. King-Emperor 25 M. 61; 11 M. L. J. 233; 3 Bom. L R. 510; 23 I. A. 257; 5 C. W. N. 866; 2 Weir. 271; 8 Sur P. C. J. 160 (P. C)., the trial is illegal. I, therefore, set it aside and direct that the accused be retried according to law, that is to say, on three counts only. Having set aside his conviction, I direct that he be relapsed on his giving bail to the satisfaction of the District Magistrate....
Emperor Vs. Santi Lal and anr.
Court: Allahabad
Decided on: Sep-17-1919
Reported in: (1920)ILR42All130
Ryves, J.1. This is an application in revision, asking this Court to quash a commitment to the Court of Session under Section 466 of the Indian Penal Code. It appears that the applicant applied to the Collector to be appointed patwari in place of a former patwari who had died. He attached to that application a certificate of the 'upper primary class' which was dated the 16th of May, 1917. In that his age appears as fifteen years and nine months. A complaint was lodged in the court of the committing Magistrate by one of the zamindars of the village charging the accused with fabricating this document or at any rate, using it knowing it to be fabricated. The court below has found that a prima facie case has been made out against the accused and has committed him to the Court of Session. Two grounds are taken in revision against this commitment. First of all it is said that sanction under Section 195 of the Code of Criminal Procedure is a condition necessarily precedent to the institution ...
Santi Lal and anr. Vs. Emperor
Court: Allahabad
Decided on: Sep-17-1919
Reported in: AIR1919All79(1); 53Ind.Cas.702
Ryves, J.1. This is an application in revision asking this Court to quash a commitment to the Court of Session under Section 456 of the Indian Penal Code. It appears that the applicant applied to the Collector to be appointed patwari in place of a former patwari who had died. He attached to that application a certificate of the 'upper primary class' which was dated the 16th of May 1917. In that his age appears 15 years and 9 months. A complaint was lodged in the Court of the Committing Magistrate by one of the Zemindars of the village charging the accused with fabricating this document or at any rate using it knowing it to be fabricated. The Court below has found that a prima facie case has been made out against the accused and has committed him to the Court of Session. Two grounds are taken in revision against this commitment. First of all, it is said that sanction under Section 195 of the Criminal Procedure Code is a condition necessarily precedent to the institution of the case. It ...
Mata Prasad Vs. Emperor
Court: Allahabad
Decided on: Sep-17-1919
Reported in: AIR1919All373; 53Ind.Cas.609
Ryves, J.1. In this case Mata Prasad was tried by a Magistrate on a charge under Section 420 of the Indian Penal Code and acquitted. He had pawned six rings which he said were of gold It appeared subsequently that they were not made of gold but were made of silver gilt. The question was whether he knew that the rings were not what he suggested them to be, The Magistrate after examining the evidence for the prosecution came to the conclusion that he did not, or at any rate, gave him the benefit of the doubt. The reasons which he gave for coming to that conclusion seem to me sound. The District Magistrate, however, has ordered a retrial; presumably he means a further enquiry. It does not appear from the record that he issued any notice to the accused before doing so. It has been ruled in this Court consistently from the Full Bench case reported in Queen-Empress v. Chotu 9 A. 52 (E. R.); A. W. N. (1886) 281; 5 Ind. Dec. (n. s.) 465. down to the case of Dost Muhammad Khan v. Emperor 15 A. ...
Phool Singh and ors. Vs. Emperor
Court: Allahabad
Decided on: Sep-17-1919
Reported in: AIR1919All396; 53Ind.Cas.831
Ryves, J.1. In this case a Magistrate of the first class took proceedings under Section 110 of the Code of Criminal Procedure against five persons. Me ordered security to be taken from two and directed that the three others should be discharged Under Section 190 of the Indian Penal Code. The two against whom the order was made appealed to the District Magistrate. Hs set aside all the proceedings of the learned Magistrate and ordered a re trial of the whole ease, i.e., the case of the men who were discharged as well as of those who were bound over. He did this apparently without giving the three persons, who were not before him, an opportunity of showing cause against such an order. I would call the learned Magistrate's attention to the ruling of this Court in Kharga v. Emperor 22 Ind. Cas. 183; 36 A. 147; 12 A. L. J. 167; 15 Cr. L. J. 39. It was laid down in that ruling that a Magistrate, before taking proceedings under Section 437 of the Criminal Procedure Code, should give notice to ...
Sheo NaraIn Singh and anr. Vs. Radha Mohan
Court: Allahabad
Decided on: Sep-15-1919
Reported in: AIR1916All66; (1920)ILR42All128
Ryves, J.1. This application arises under the following circumstances: Two persons Sheo Narain and Arjun Singh, were placed before a Magistrate of the second class for trial on charges under Sections 307 and S23 of the Indian Penal Code. The learned Magistrate passed an order formally discharging Arjun Singh but he went on to frame a charge under Section 323 only against Sheo Narain Singh, who was directed to enter on his defence at the next hearing, In the course of his order the learned Magistrate recorded: 'In my opinion there is evidence of marpit against Sheo Narain Singh accused. A charge was, therefore, framed under Section 323 of the Indian Penal Code and was read over to and explained to him,' The District Magistrate called for the record and gave both the accused notice and considered everything that was said by counsel engaged on their behalf and ordered further inquiry against both the accused. In this revision before me it is argued:(1) That there was no ground for orderin...
Sheo NaraIn Singh and anr. Vs. B. Radha Mohan
Court: Allahabad
Decided on: Sep-15-1919
Reported in: 53Ind.Cas.618
Ryves, J.1. This application arises under the following circumstances:---Two persons, Sheo Narain and Arjan Singh, were placed before a Magistrate of the Second Class for trial on charges under Sections 307 and 323, Indian Penal Code. The learned Magistrate passed an order formally discharging Arjan Singh, but he went on to frame a charge under Section 323 only against Sheo Narain Singh, who was directed to enter on his defence at the next hearing. In the course of his order the learned Magistrate recorded:---'In my opinion there is evidence of ma pit against Sheo Narain Singh accused. A charge was, therefore, framed under Section 323, Indian Penal Code, and was read over and explained to him.' The District Magistrate called for the record and gave both the accused notice and considered everything that was said by Counsel engaged on their behalf, and he ordered further enquiry against both the accused. In this revision before me it is argued:(1) That there was no ground for ordering fu...
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