High CourtsDivision Bench(1900) 06 CAL CK 0006

Bidhu Chandalini vs Mati Sheikh Mondal

Calcutta High Court · Decided on 21 June 1900 · Citation: (1901) ILR (Cal) 102

HON’BLE JUDGES
Prinsep, J · Handley, J

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Judgment

2 paragraphs · 110 words

Prinsep, J.—The terms of Section 369 of the Code of Criminal Procedure, on which the Sessions Judge relies in making this reference, must be read as controlled by Section 437. Section 437 does not limit the power of a District Magistrate to make, or order a Subordinate Magistrate to make, further inquiry into a case in which an order of dismissal or discharge may have been passed by a Subordinate Magistrate. There is no bar to a District Magistrate making further inquiry himself into a case in which such order may have been passed by himself.

2.

We, therefore, see no sufficient reason to interfere as a Court of Revision.