MUTHUSAMI NADAN Vs. KALINGA MOOPAN

JUDGEMENT

(1.) This is a Letters Patent appeal against the decision of the Honourable Mr. Justice Spencer passed on a petition presented under Section 15 of the Charter Act, (Section 107 of the Government of India Act), for the setting aside of an order of the Sub-Divisional Magistrate of Trichinopoly under Section 147 of the Criminal Procedure Code. The learned Judge held that the Sub-Divisional Magistrate s order was not without jurisdiction and declined to interfere.

(2.) As observed in Kamal Kutty v. Udayavarma Rajah Valia Rajah of Chirakkal (1912) I.L.R. 36 M. 275 it has never been customary to interfere in cases of this sort under Section 15 of the Charter Act, unless the Magistrate s order was passed without jurisdiction; and we have merely to consider whether that was the case with the order before us.

(3.) The chief ground of attack is that the Magistrate recorded no evidence himself but forwarded the records to a Subordinate Magistrate under Section 148 of the Criminal Procedure Code for trial, enquiry, and report after taking evidence and based his order on the said report and the oral evidence recorded by the Sub- Magistrate.