Kolkata Court November 1916 Judgments

Giridharee Lal Sarowgee Vs. Emperor

Court: Kolkata

Reported in: 42Ind.Cas.133

1. It is contended that the Magistrate had no jurisdiction to issue summons against the petitioner, on the ground that the petitioner's name did not appear in the order passed by the District Judge under Section 476, Criminal Procedure Code, on which these proceedings originated. It is not necessary to refer to all the rulings cited by the learned Counsel for the petitioner, as admittedly his case depends on the applicability of the one on which he mainly relies, Mahomed Bhakku v. Queen-Empress 28 C. 532: 12 Ind. Dec. (N. S.) 354. The applicability of' this decision was questioned by the learned1 Counsel who appeared for the Crown; He relied on the decision in Essan Chunder Dutt v. Prannauth Choudhry Marshall 270W. R. (F. B.) 71: 2 Hay 236. and there appears to us to be considerable force in his contention that the reasons given in the judgment of Sir Barnes Peacock have lost none of their force in consequence of the alterations that have been subsequently made in Section 476 of the pr...