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In Re: Petition of Dinendro Nath Shanial

Calcutta High Court · Decided on 20 April 1882 · Citation: (1882) ILR (Cal) 851

HON’BLE JUDGES
McDonell, J · Field, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1898 (CrPC) — Section 47, 491
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Judgment

2 paragraphs · 99 words

McDonell, J.—We are of opinion that the provisions of Section 47 of the Code of Criminal Procedure, as amended by Section 6 of Act XI of 1874, are wide enough to empower the Magistrate of the District to withdraw a case falling u/s 491 of the same Code.

2.

Were it otherwise, it is not suggested, and we are unable to see, that the person concerned has been in any way prejudiced by the course which has been taken; and we think that this reference in the matter of an interlocutory order was unnecessary in the interests of justice.