EMPEROR Vs. AMIR BALA

JUDGEMENT

(1.) Clause 3 of Section 123 of the Criminal Procedure Code provides:-- Such Court after examining such proceedings and requiring from the Magistrate any further information or evidence, which it thinks necessary, may pass such order on the case as it thinks fit.

(2.) The words are wide enough to give discretionary power to the Sessions Judge or the High Court, as the case may be, to deal with the case on the merits and pass such order as the circumstances of the case, in his opinion, may require.

(3.) We must, therefore, make the Rule absolute and ask Sessions Judge to deal with the matter, having regard to this order. Heaton, J.