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Judgment
2 paragraphs · 107 words
1.
The accused has been convicted of an offence u/s 304A. of the Indian Penal Code, and the Magistrate has also passed an order u/s 562, Criminal Procedure Code. In making this order, he exceeded his powers under the Code. u/s 341, he should, on convicting the accused, have merely reported the case for the orders of the High Court, leaving it to pass final orders.
2.
We, however, think that the order made is, in substance, a suitable order. We, therefore, set aside the order of the Magistrate as made without jurisdiction, and, u/s 341, we pass an order in the same terms as his order.