High CourtsDivision Bench(1906) 03 BOM CK 0003

In Re: Trimbak Balaji Mahajan

Bombay High Court · Decided on 22 March 1906 · Citation: (1906) 8 BOMLR 587

HON’BLE JUDGES
Russell, J · Batty, J
CASE NUMBER
Criminal Application for Revision No''s. 5 and 5A of 1906

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Judgment

2 paragraphs · 85 words
1.

In the first instance the petition of Babu Balakdas of the 24th September 1904 was not a complaint. Having regard to the notice served by Mr. Artal, he treated it as a complaint in a criminal case. He was not justified in examining the present appellant petitioners. His proceedings are irregular and illegal and his order u/s 476 of the Criminal Procedure Code is ultra vires.

2.

The Court accordingly sets aside the order passed in the cases of Trimbak Balaji and Daso Dhonddev.