HOPCROFT Vs. EMPEROR

JUDGEMENT

(1.) This is a Rule on the District Magistrate of Mozufferpore to show cause why the case should not be transferred from the file of the trying Magistrate to that of any other Magistrate competent to try the same, on the ground that the trying Magistrate had no jurisdiction to inquire into the matter under Section 443 of the Criminal Procedure Code.

(2.) Under Section 443 of the Criminal Procedure Code no Magistrate, unless he is a Justice of the Peace, and (except in the case of a District Magistrate or Presidency Magistrate) unless he is a Magistrate of the first class and a European British subject, shall inquire into or try any charge against a European British subject.

(3.) From the Explanation submitted by the Magistrate there is nothing to show that the petitioner is not a European British-born subject, and we are told that the matter was not at all disputed. The question is whether the expression "inquire into or try any charge" applies to proceedings under Section 107 or not.