Kolkata Court October 1890 Judgments

Hiraman De Vs. Ram Kumar Ain

Court: Kolkata

Reported in: (1891)ILR18Cal186

Prinsep, J.1. We decline to consider this reference as a Court of Revision. The Sessions Judge as the Court of Appeal has rejected the appeal, and the District Magistrate has afterwards, notwithstanding the finality of that order by a superior Court, raised the objection as to the jurisdiction of the Subordinate Magistrate. An objection in this form is not sustainable. If the District Magistrate is inclined to move further in the matter, he should proceed through the Legal Remembrancer.2. We would direct his attention to the observations of Straight, J., in Queen-Empress v. Shere Singh I.L.R. 9 All. 362.3. The District Magistrate not being competent to refer such a case under Section 438 had no authority to admit the accused to bail. He should therefore be remitted to jail....