High CourtsDivision Bench(1907) 09 BOM CK 0010

Emperor vs Aditram Miratram and Hussan Latif

Bombay High Court · Decided on 25 September 1907 · Citation: (1907) 9 BOMLR 1160

HON’BLE JUDGES
Heaton, J · Chandavarkar, J
CASE NUMBER
Criminal Application for Revision No''s. 171 and 171 A of 1907

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Judgment

2 paragraphs · 88 words
1.

The Court thinks that u/s 476, Criminal Procedure Code, the Presidency Magistrate does not fall within the definition of a Magistrate of the First class and that the only-course which the Presidency Magistrate can adopt under the Criminal Procedure Code in such a case is either to commit the case to the Sessions or have the complaint filed u/s 190 read with the provisions of Section 195.

2.

The Court discharges the rule leaving the Presidency Magistrate to deal with the case with reference to this decision.