ADDALA YERRIVADU Vs. DISTRICT MAGISTRATE OF VIZAGAPATAM

JUDGEMENT

(1.) THE accused has been convicted of an offence under Section 304A. of the Indian Penal Code, and the Magistrate has also passed an order under Section 562, Criminal Procedure Code. In making this order, he exceeded his powers under the Code. Under Section 341, he should, on convicting the accused, have merely reported the case for the orders of the High Court, leaving it to pass final orders.

(2.) WE, however, think that the order made is, in substance, a suitable order. WE, therefore, set aside the order of the Magistrate as made without jurisdiction, and, under Section 341, we pass an order in the same terms as his order.