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Judgment
6 paragraphs · 121 words
1.
This Court has, in its order in the case of Venkatesalu Naidu v. Durvasa Rangayyan Criminal Revision Case No. 263 of 1901, (unreported)
pointed out to the learned Sessions Judge that his reading of Section 202, Criminal Procedure Code, is incorrect. The Magistrate had jurisdiction
to act u/s 202 and his failure to record his reasons was at most an irregularity, and unless it, in fact, occasioned a failure of justice it could be no
ground for setting aside his order. The Sessions Judge does not suggest that the order was wrong on the merits and we see no reason to hold that
it was so.
2.
We set aside the order of the Sessions Judge, dated 5th September 1901.