SINA THANA NAVANA NACHIAPPA CHETTY Vs. MNACHIAPPA CHETTIAR

JUDGEMENT

(1.) THIS is an application to revise an order of the District Magistrate refusing to issue a commission for the examination of a witness in Burma and the sole question for determination is whether the District Magistrate has jurisdiction to issue the commission. Section 503 of the Criminal P. C. does not empower the District Magistrate to issue a commission for the examination of any witness beyond British India or the territories of any Prince or Chief in India, where there is an officer representing the British Indian Government, vide Empress v. Moorga Chetty (1881) I.L.R. 5 Bom. 338 (F.B.) and Emperor V/s. Corporal Atten (1909) 10 Cr.L.J. 571 and it is not disputed that Burma has ceased to be part of British India. The existence of Magistrates in Burma to whom commissions might issue if permissible under the Criminal P. C. has no bearing and it follows that the District Magistrate has no power to issue the Commission. The Revision Petition therefore fails and is dismissed.