High CourtsDivision Bench(1914) 09 BOM CK 0002

In Re: Manku Bala Patil

Bombay High Court · Decided on 30 September 1914 · Citation: AIR 1914 Bom 202(1) : (1914) 16 BOMLR 946

HON’BLE JUDGES
Shah, J · Heaton, J
CASE NUMBER
Criminal Appealication for Revision No. of 1914

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Judgment

1 paragraphs · 161 words
1.

We desire to point out to the District Registrar in this case that he has no jurisdiction to make an order u/s 476, because, as provided in Section 195 of the Criminal Procedure Code, the District Registrar is not a "Court" and Section 476 is so intimately connected with Section 195 and is designed to serve a purpose so similar to that served by Section 195 that we cannot doubt that what is declared not to be a " Court " for the purpose of Section 195 is also not a Court for the purpose of Section 476. We do not, however, interfere with the order for this reason; that precisely the same practical result would be brought about by the presentation of a complaint of the offence to a Magistrate who has jurisdiction to inquire into it or by the District Registrar as a Magistrate proceeding under Sub-section (1) Clause (c), of Section 190 of the Criminal Procedure Code.