EMPEROR Vs. ADITRAM MIRATRAM AND HUSSAN LATIF

JUDGEMENT

(1.) THE Court thinks that under Section 476, Criminal Procedure Code, the Presidency Magistrate does not fall within the definition of a Magistrate of the First class and that the only -course which the Presidency Magistrate can adopt under the Criminal Procedure Code in such a case is either to commit the case to the Sessions or have the complaint filed under Section 190 read with the provisions of Section 195.

(2.) THE Court discharges the rule leaving the Presidency Magistrate to deal with the case with reference to this decision.