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Judgment
4 paragraphs · 156 wordsKemp, Offg. C.J.
I have on three occasions, in Queen v. Mohim Chandra Chuckerbutty 3 B.L.R., A. Cr., 67, Dulali Bewa v. Bhuban Shaha 3 B.L.R., A. Cr., 53 and The Queen v. Girish Chandra Ghose 7 B.L.R., 513, sitting with Justices Glover and Markby, ruled that a Magistrate is not competent to make over a case to a Subordinate Deputy Magistrate who has not been empowered to entertain cases either on complaint or on the report of the Police, without first recording the prosecutor''s statement. I would quash the conviction as illegal. The accused must be released.
Ainslie, J.
It seems to me that, u/s 66B of the Criminal Procedure Code, a Magistrate who is competent to direct that all complaints or reports of Police officers may be dealt with by a Subordinate Magistrate, is also competent to direct any particular complaint or report to be so dealt with. I would therefore not interfere.