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Judgment
1 paragraphs · 127 words
Daniels, J.—For the reasons given by the District Magistrate I accept this Reference and substitute a sentence of fourteen days, simple imprisonment for the order u/s 562 of the Cr.P.C. passed by the Court below. Dr. Vaish for the applicant has referred me to a ruling of the year 1914, Emperor v. Ghasite 26 Ind. Cas. 635 : 37 A. 31 : 12 A.L.J. 1244 : 16 Cri.L.J. 43 in which it was held that the only procedure open to the High. Court in such a case was to order a re-trial. The law has since been amended, and Section 562, Sub-section (3), empowers the High Court in (he exercise of its powers of revision to set aside an order u/s 562 and substitute a-sentence of imprisonment.