EMPEROR Vs. MUSAMMAT KESAR

JUDGEMENT

(1.) FOR the reasons given by the District Magistrate I accept this Reference and substitute a sentence of fourteen days, simple imprisonment for the order under Section 562 of the Cr.P.C. passed by the Court below. Dr. Vaish for the applicant has referred me to a ruling of the year 1914, Emperor V/s. Ghasite 26 Ind. Cas. 635 : 37 A. 31 : 12 A.L.J. 1244 : 16 Cr.L.J. 43, in which it was held that the only procedure open to the High. Court in such a case was to order a re-trial. The law has since been amended, and Section 562, Sub-section (3), empowers the High Court in (he exercise of its powers of revision to set aside an order under Section 562 and substitute a-sentence of imprisonment.