EMPEROR Vs. SOMYA HIRYA MAHAR

JUDGEMENT

(1.) This appeal has been set down for further orders in view of the letter received from the Government of Bombay, inviting our attention to the repeal of Sub-sections (2) and (3) of Section 471 of the Code of Criminal Procedure by the Luancy Act of 1912 and of the last twelve words of Sub-section (1) of the same section by Act X of 1914, to a letter of the Government of India referred to in the preamble of the Government Resolution No. 6484 of the l6th of September 1913, to Section 24 of the Lunacy Act (IV of 1912) and to Circular No. 76 B of the Criminal Circulars of this Court and asking us to pass final orders.

(2.) We have heard the learned Government Pleader in support of the view expressed in the letter. In the course of the argument the Government Pleader has pressed for an order that the appellant in this case be ordered to be transferred to the Lunatic Asylum at Thana or such other asylum as may have accommodation for him after the necessary arrangements have been made.

(3.) After hearing the appeal on the 22nd January last, we ordered under Section 471 of the Code of Criminal Procedure that the appellant be detained in custody in the jail where he then was until the further orders of the Government and that the case should be reported to the Government for orders under that section. Our order was practically final and in accordance with the provisions of the Code, except that the words under that section were inappropriate. It is clear that there is no reference to Sub-sections (2) and (3) in our order and none was intended. The repeal of these sub-sections and of Section 472 is not relevant for our present purpose.