Kolkata Court October 1896 Judgments
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In Re: Ananda Chunder Singh Vs. Basu Mudh
Court: Kolkata
Decided on: Oct-30-1896
Reported in: (1897)ILR24Cal167
Ghose and Gordon, JJ.1. We are unable to agree with the Sessions Judge in the views he has expressed. The offence, with which the accused was charged was one which fell under Section 341 or 342 of the Penal Code. It was a summons case; and the Joint Magistrate, before whom the complaint was made, held, under Section 202 of the Criminal Procedure Code, an enquiry for the purpose of ascertaining the truth or falsehood of the complaint before issuing process against the accused. After holding such enquiry, he summoned the accused, and then after examining such witnesses as either party adduced, and a witness called by himself, found the accused guilty under Section 341 of the Penal Code. We do not think that there is anything in the Code of Criminal Procedure which disqualifies a Magistrate, who holds a preliminary enquiry under Section 202 of the Criminal Procedure Code from trying the case himself; and the provisions of Section 555 have, we think, no application to the circumstances of ...
In Re: Jhojha Singh Vs. Queen-empress
Court: Kolkata
Decided on: Oct-02-1896
Reported in: (1897)ILR24Cal155
O'Kinealy and Jenkins, JJ.1. This is a rule calling upon the Magistrate of the District of Gya to show cause why the order of the Sessions Judge of that district under Section 123 of the Code of Criminal Procedure remanding a case under that section for further inquiry by the Deputy Magistrate should not be set aside, on the grounds, first, that under Section 123 the Judge was not competent to remand the case to the Deputy Magistrate to take evidence; and, secondly, that the conditions and limitations imposed upon persons who may have to give security are not recognized by The law.2. Under Section 123 the Judge, if he thinks it proper, after examining the proceedings sent to him by the Magistrate, may require any futher evidence that he thinks necessary, before passing orders on the case. Ordinarily where a Court requires further evidence, that evidence must be taken by the Court itself. Under the Code where a higher Court has power to direct an inferior Court to take evidence, specifi...
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