Chennai Court February 1909 Judgments

In Re: Narayanaswamy Naidu

Court: Chennai

Reported in: 1Ind.Cas.228

Wallis, J.1. General revisional jurisdiction is conferred by Sections 435, 438 and 439 of the Code of Criminal Procedure. Under these sections the Sessions Judge and the District Magistrate cannot themselves interfere, except to suspend the execution of a sentence or grant bail, but can only report to the High Court, and the High Court may in its discretion exercise any of the powers referred to in Section 439(1). As regards dismissals of complaints under Sections 203 and 204(3) and orders of discharge, there is no appeal, as there is in cases of acquittal and conviction, and the Legislature has not thought it sufficient to leave these orders to be dealt with under the general revisional jurisdiction already mentioned, and has conferred special powers in regard to these orders on the High Court itself as well as on the Sessions Judge and District Magistrate. Section 437 empowers the High Court or the Sessions Judge or the District Magistrate to order further inquiry and the District Ma...