Mumbai Court July 1888 Judgments
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Queen-empress Vs. Rachappa and Irappa
Court: Mumbai
Decided on: Jul-05-1888
Reported in: (1889)ILR13Bom109
Birdwood, J.1. The District Magistrate has referred two cases to us--(1) Imperatrix v. Bachappa and (2) Imperatrix v. Irappa, which do not stand on the same footing, but which we can conveniently dispose of together. In both cases sanction was given for the prosecution of the accused under Section 195, Clause (b), of the Code of Civil Procedure. Rachappa's prosecution was sanctioned by the Subordinate Judge of Hubli, who after granting the sanction sent the case to the First Class Magistrate of Hubli for enquiry and trial under Section 476 of the Code, Irappa's prosecution was sanctioned by the Magistrate (First Class) of Hubli, who does not seem to have sent the case to any other Magistrate for enquiry and trial, as contemplated in Section 476. The District Magistrate seems to have ordered the First Class Magistrate subordinate to him to try the case against Irapppa; but we cannot find that any such procedure as is prescribed by Section 476 was adopted in this case. In both cases the ...
Queen-empress Vs. Daya Bhima and ors.
Court: Mumbai
Decided on: Jul-05-1888
Reported in: (1889)ILR13Bom147
1. As the accused are native Indian subjects of Her Majesty charged with committing offences under Section 407 and Sections 407 and 109 of the Indian Penal Code at a place beyond the limits of British India, they may, under the provisions of the Section 188, Criminal Procedure Code, be dealt with in respect of such offences as if they had been committed at any place within British India at which the accused may be found. In the present case the accused were found at a place in the Ahmedabad district. They can, therefore, be tried in that district: see Empress v. Magaulal I.L.R. 6 Bom. 622 . The proviso to Section 188 has no application to the present case, as there is no Political Agent in the Portuguese territories of Daman, where the offences charged against the accused are said to have been committed. The Court, therefore, reverses the Joint Sessions Judge's order of acquittal, and directs that the accused be tried by the Court of Sessions at Ahmedabad, to which they have been duly ...
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