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Judgment
6 paragraphs · 117 words
1.
The District Magistrate professes to have been acting in a judicial proceeding so as to give himself jurisdiction to act u/s 476 of the Code of
Criminal Procedure. His calling up the records u/s 435 is not a judicial proceeding as declared in Queen-Empress v. Kuppu ILR 7 M. 560 and as
he did nothing else that would constitute a "" judicial proceeding,"" he had no power to make the order that he did u/s 476 of the Code of Criminal
Procedure. Further to adopt, the procedure u/s 476, immediate action is contemplated and to take such procedure after the lapse of several
months is illegal.
2.
The order of the District Magistrate is accordingly reversed.