High CourtsDivision Bench

Sufferuddin vs Ibrahim

Calcutta High Court · Decided on 30 April 1878 · Citation: (1878) ILR (Cal) 755

HON’BLE JUDGES
Prinsep, J · Markby, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1898 (CrPC) — Section 50, 530
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Judgment

1 paragraphs · 104 words

Prinsep, J.—In addition to the reasons stated by the Sessions Judge, we are of opinion that it was not competent to a Bench of Magistrates to deal with a case u/s 530. A Bench may be empowered u/s 50 "to try such cases or such classes of cases only and within such limits as the Government may direct." The definition of the term "trial" shows that it refers only to trials for offences, and not to miscellaneous matters such as those coming within Section 530. So that in this view of the law also the order passed was illegal: it is accordingly set aside.