CourtKutchehry.com
High CourtsFull Bench

Surbeshwar Nath and Others vs Emperor

Calcutta High Court · Decided on 22 June 1922 · Citation: AIR 1924 Cal 501

HON’BLE JUDGES
Walmsley, J · Suhrawardy, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1898 (CrPC) — Section 476 · Penal Code, 1860 (IPC) — Section 186, 353
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

3 paragraphs · 178 words

Walmsley, J.—This Rule was obtained against an order passed u/s 476, Code of Criminal Procedure, directing certain persons to be prosecuted under Sections 186, 353, 341 and 147, Indian Penal Code. So far as the offence u/s 186, Indian Penal Code, is concerned, it appears to me that the defect in the warrant issued by the Munsiff is fatal. The Munsiff concedes that Jonepore - the village mentioned in the warrant - is not within his jurisdiction. I think it follows from that that the accused could not be guilty of an offence u/s 186, Indian Penal Code. So far as the other offences are concerned, they are not offences mentioned in Section 195, Code of Criminal Procedure, and, therefore, Section 476, Code of Criminal Procedure, appears to have no application to them. They are offences in regard to which the officers of the Court and the servants of the decree-holder may institute proceedings direct without the intervention of the Civil Court. The Rule is, therefore, made absolute and the order set aside.

Suhrawardy, J.

2.

I agree.