EMPEROR Vs. BRAHMADIN

JUDGEMENT

(1.) This is a criminal reference made by the District Magistrate and forwarded by the Sessions Judge. Brahmadin was prosecuted under Section 110, Criminal P.C. Quite a volume of evidence was produced by the prosecution and the defence. The learned Magistrate who tried the case came to the conclusion that though the prosecution evidence excelled the defence evidence in quantity it was not of a convincing nature to warrant the accused being bound over. He accordingly discharged him on the 23 May 1927.

(2.) On the 5 June 1927, the prosecuting inspector submitted to the District Magistrate a representation through the Superintendent of Police discussing the evidence at great length and trying to meet the various points mentioned by the trying Magistrate in his judgment. He expressed his own view that a re-trial was necessary and then enumerated four grounds of appeal. On this representation the District Magistrate examined the record and made a note on record on the l0th June 1927, expressing his opinion on certain points, but without definitely stating that he intended to report the matter to the High Court. The trying Magistrate took this note to be a report to the High Court recommending the setting aside of his order. He accordingly submitted an explanation. The learned Magistrate then forwarded the record of the case. together with the grounds of appeal made out by the police, the Sub- Divisional Magistrate's explanation and a copy of the note of 10 June 1927, with the recommendation under Section 438, Criminal P. C, that the accused be ordered to be bound over.

(3.) The police had brought the case to the notice of the District Magistrate possibly hoping that an appeal might be preferred on behalf of the Government. The sections of the Criminal P. C. do not, however, contemplate that a representation made by the police to the District Magistrate in the form, of an official letter should be taken into consideration by the High Court as embodying the grounds for setting aside an order passed by a criminal Court. The learned District. Magistrate was quite wrong in treating this representation as a part of a judicial proceeding and forwarding it to the High Court.