BIRDHI CHAND Vs. STATE

JUDGEMENT

(1.) Heard the parties. The Court below has dismissed the petition of the applicant relying on 1932 AMLJ 14 and 1937 AMLJ 141. Both these rulings have relied on In re Khima Rukhad, 42 Bom 664 and Emperor V/s. Debi Ram,1924 AIR(All) 675 and both of these rulings now stand overruled by Walchand Jasraj V/s. Hari Anant, 56 Bom 369 and Ram Dihal V/s. Badri, 1941 AIR(All) 143. There could be no two opinions now that an order passed by a Magistrate under S. 517, Cr. P.C. irrespective of the final result of the case could be modifed, altered or annulled by any 'Court of appeal, confirmation, reference or revision' under S. 520, Cr. P.C. The Court below, in the circumstances, certainly had full powers to have disposed of he petition on merits under S. 520, Cr. P.C.

(2.) The application in revision accordingly is partly allowed, the order of the Court below dismissing the petition for want of jurisdiction is set aside and the case is remanded to the Court below for disposal afresh on merits otherwise. Case remanded.