RAMANATHAN CHETTIAR Vs. KSIVARAMA SUBRAMANIA AIYAR

JUDGEMENT

(1.) The accused was charged with misappropriation of paddy worth about Rs. 200. Summons was issued to him and he now moves the High Court and asks that the proceedings before the Magistrate should be quashed.

(2.) The learned Public Prosecutor has contended that the High Court has no power to interfere with the proceedings of a Magistrate in a pending trial. Whether this contention is correct depends upon the interpretation of Secs.435, 438 and 439 of the Criminal Procedure Code.

(3.) Under Section 435 the High Court is empowered to call for and examine the record of any proceeding before any inferior criminal Court and situate within the local limits of its jurisdiction for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed and as to the regularity of any proceedings of such inferior Court. The section thus does not deal merely with " finding, sentence or order " but with proceedings generally and the power of the High Court extends to calling for and examining the record of any proceeding for the purpose of satisfying itself as to the regularity of such proceeding.