LAWS(PVC)-1902-3-14

GOURHARI GOPE Vs. ALAY GOPINI

Decided On March 22, 1902
GOURHARI GOPE Appellant
V/S
ALAY GOPINI Respondents

JUDGEMENT

(1.) This Rule was granted to show cause why a Magistrate of the first class specially empowered to hear appeals from Subordinate Magistrates should not be directed to hear this appeal with reference to the order passed by the Subordinate Magistrate under Section 522 of the Criminal P. C..

(2.) The Magistrate exercising appellate powers was of opinion that he had no power to interfere with an order under Section 522 under the ruling of this Court in the case of Bam Chandra Mistry V/s. Nobin Mirdha (1898) I. L. R. 25 Calc. 630. That ruling is, however, obsolete, having reference to Act X of 1882, the Criminal P. C.-then in force. Clause (d) of Section 423 of the present Criminal P. C. provides for the making by an Appellate Court of any consequential or incidental order that may be just or proper.

(3.) The Rule is made absolute.