Court : Kolkata
Decided on : Feb-04-1913
Reported in : (1913)ILR40Cal477
Holmwood, J.1. The question has arisen on a rule issued by us to show cause why an order made under Section 476, Criminal Procedure Code, by the Assistant Settlement Officer in the Shahabad district should not be set aside, whether the Criminal Bench has jurisdiction to interfere with the orders of Civil and Revenue Courts made under that section. The rulings are very conflicting on the point and it seems necessary to have the matter settled by a Full Bench. The difficulty has been got over on more than one occasion by the appointment of a Special Bench by the Chief Justice to hear such applications, but it is obvious that this causes unnecessary delay and embarrassment to applicants, and there seems to be no reason why the matter should not be settled once for all.2. Our own view of the matter in a recent case was that there was no question as regards the jurisdiction of the High Court in sanctions under Section 195. There it is expressly laid down that any sanction given or refused u...
Tag this Judgment!Court : Kolkata
Decided on : Aug-29-1913
Reported in : (1914)ILR41Cal446
Jenkins, C.J.1. We will hear the application on the merits.2. Mr. B.C. Mitter. This application for sanction to prosecute is made under Section 195 of the Code of Criminal Procedure: we have nothing to do with Section 476. All that the applicant for sanction need establish is 'that there is a prima facie case against the person to prosecute whom sanction is prayed for--the question is not whether guilt is proved, but whether there arc prima facie grounds for removing a bar to the institution of criminal proceedings in which the question of guilt can be determined:' In re Raoji Sakharam (1905) 7 Bom. L.R. 732. On the materials before the Court, it cannot be contended that a prima facie case against the attorney under Sections 193 and 196 of the Indian Penal Code has not been made out.3. Mr. Eardley Norton. The principles which should guide the Court in determining whether sanction to prosecute should be granted are: (i) whether the application is in the interests of justice, and (ii) wh...
Tag this Judgment!Court : Allahabad
Decided on : Jan-30-1913
Reported in : 18Ind.Cas.676
1. Shankar, Hanuman, Tippal, Sheorajwa, Mindua, and Dujva Pasis were committed to the Court of Session at Allahabad. The Magistrate who committed them to the Court of Session for trial framed one charge-sheet. He charged all six with having, on the 17th of August 1912, at Amura 'committed murder by intentionally causing the death of Sheoratan and Madhva Pasis and in connection therewith having caused injuries to Musammat Maiki, wife of Madhva, and Gauri, and having thereby committed an offence punishable under Sections 302 and 323, Indian Penal Code.' We have seldom come across a charge-sheet so carelessly and badly drawn up as the present. The case, moreover, shows the paramount necessity of the Court of Session examining carefully every charge-sheet on which accused are committed to it for trial, and when doing so making such amendments, and alterations in the charge-sheet as appear called for. If the learned Sessions Judge had carefully considered the charge-sheet, he would have fou...
Tag this Judgment!Court : US Supreme Court
Decided on : Nov-10-1913
Summers v. United States - 231 U.S. 92 (1913) U.S. Supreme Court Summers v. United States, 231 U.S. 92 (1913) Summers v. United States No. 502 Argued October 22, 23, 1913 Decided November 10, 1913 231 U.S. 92 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus The court will if possible avoid construing a code of procedure as establishing a dual instead of a single procedure in the prosecution of crimes committed within the same territorial jurisdiction. The fact that the courts of Territories may have such jurisdiction of cases arising under the Constitution and laws of the United States as that vested in the circuit and district courts does not make them circuit and district courts of the United States. The Alaskan Code of Criminal Procedure is very complete and circumstantial. It covers every step in a criminal proceeding, including the form of indictment of all crimes whether specifically defined therein or not. Prior to the amendment of 1913, ...
Tag this Judgment!Court : Allahabad
Decided on : Dec-06-1913
Reported in : (1914)ILR36All143
Ryves, J.1. This is an application in revision from an order purporting to have been passed under Section 145 of the Code of Criminal Procedure by the Sub-Divisional Magistrate of Azamgarh, dated the 3rd of July, 1913. The facts of this case are somewhat peculiar, and, so far as I know, are not covered by any of the very numerous rulings which have been reported under the section. There is a market in the town of Kopaganj in the district of Azamgarh on land which belongs to Musammat Dhan Debi, a lady who resides in Benares. The police reported to the Sub-Divisional Magistrate that a breach of the peace was likely to-take place between some of the servants of Musammat Dhan Debi and one Rameshwar, who had been appointed chaudhri of the market, about the collection of certain dues. The Magistrate instituted proceedings under Section 107. He examined the Inspector as a witness, and on that officer deposing that the servants of Musammat Dhan Debi claimed to collect these dues as part of the...
Tag this Judgment!Court : Kolkata
Decided on : Aug-08-1913
Reported in : AIR1914Cal560,(1914)ILR41Cal425
Mookerjee and Beachcroft, JJ.1. This is an appeal by the Government of Bihar and Orissa under Section 417 of the Criminal Procedure Code. The accused was tried by a Magistrate for an offence under Section 193 of the Indian Penal Code, and was acquitted by him under Section 258 of the Criminal Procedure Code on the 17th November last. On the 2nd May 1918, this appeal was presented by Mr. J. Orr, the Deputy Legal Remembrancer of Bengal. A preliminary objection has been taken to the competency of the appeal so presented.2. Section 417 provides that the Local Government may direct the Public Prosecutor to present an appeal to the High Court from an Original or Appellate order of acquittal passed by any Court other than a High Court. The term 'Public Prosecutor' is defined in Clause (t) of Section 4 of the Criminal Procedure Code, which lays down that 'Public Prosecutor' means any person appointed under Section 492 and includes any person acting under the direction of a public prosecutor an...
Tag this Judgment!Court : Mumbai
Decided on : Nov-26-1913
Reported in : (1914)16BOMLR80
Heaton, J.1. In this case the applicant has been committed to the Court of Session by the District Magistrate of Nasik acting under the powers conferred upon him by Section 436 of the Code of Criminal Procedure. The applicant had previously been discharged by a Magistrate.2. On the merits of these orders I shall not say a word, I mean on the merits in so far as they are affected by the evidence in the case and considerations arising purely out of the evidence. It is, however, contended that the District Magistrate was without authority to make this order, because the case against the applicant is primarily one of criminal misappropriation or breach of trust, and such a case is not triable exclusively by the Court of Session. However, the accusation against him is that this criminal misappropriation was enabled to be done of was concealed or facilitated by making false entries in accounts. That is, the falsification of accounts was not only a substantial part of the affair, but so subst...
Tag this Judgment!Court : Allahabad
Decided on : May-01-1913
Reported in : (1913)ILR35All407
Tudball, J.1. The thirteen applicants have been convicted of offences under Sections 147, 225B and 332 of the Indian Penal Code. Their convictions and sentences were upheld on appeal. The present application for revision raises two points--(1) That the arrest without a warrant of Nepal by the police was illegal and therefore the resistance offered to the police constituted no offence, and (2) that the sentences are too severe. According to the evidence on the record, the Sub-Inspector, Har Parsad, deputed certain police officers subordinate to himself to arrest Nepal against whom the police were about to take proceedings under Section 110 of the Code of Criminal Procedure with a view to his being bound over to be of good behaviour. According to the evidence, the police officer in question gave a written order to his subordinate officer to carry out this arrest. The plea in revision is that in the absence of the authority under chapter VIII of the Code of Criminal Procedure, the police ...
Tag this Judgment!Court : Allahabad
Decided on : Dec-13-1913
Reported in : (1914)ILR36All147
Tudball and Piggott, JJ.1. This is an application in revision against an order of the District Magistrate of Cawnpore, purporting to have been passed under Section 437 of the Code of Criminal Procedure in regard to proceedings taken against the applicant under Section 110 of the Code. The facts of the case are simple. Proceedings were instituted against Kharga and he was called upon to show cause why he should not give security for his good behaviour. The Magistrate before whom he appeared inquired into the matter and, after recording the evidence, discharged him. The District Magistrate examined the record and directed further inquiry. This was made by another Magistrate who after recording evidence, held that there was no necessity to bind over the man to be of good behaviour. The District Magistrate, without issuing any notice to Kharga, has again sent for the record and has again directed further inquiry.2. We note here that at the second of the two above inquiries the Magistrate d...
Tag this Judgment!Court : Kolkata
Decided on : Dec-11-1913
Reported in : (1914)ILR41Cal694
Mookerjee and Beachcroft, JJ.1. The appellant, Biswas, has been convicted by the Fourth Presidency Magistrate of Calcutta, of offences under Sections 46 and 48 of the Bengal Excise Act, 1909, and sentenced to pay a fine of Rs. 210 under fee latter section; no separate sentence has been passed under the former section. The circumstances antecedent to the prosecution, as established by the evidence, may be briefly narrated.2. On the 12th October 1912, the Deputy Inspector of Excise at Calcutta, upon information received, searched the premises of the accused and found 32 boxes each containing 6 bottles and an isolated bottle of eau-de-Cologne and also 23 long shaped eau-de-Cologne phials all containing a similar liquid. On examination the contents were found to be perfumed denatured spirit The Deputy Inspector also found two boxes of labels similar to those affixed to the phials. The accused was thereupon prosecuted and charged with possessing, without license, 193 bottles and 23 long sha...
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