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1905 DIGILAW 115 (CAL)

In Re: Krishna Gobinda Dutt v. .

1905-06-16

body1905
JUDGMENT Maclean, C.J. - The facts stated in the petition in this case have not been challenged and may be taken to be correct. Upon those facts the case does not fall within sec. 476, Cr. P.C. The Munsif who made the order complained of in this case was not the officer who tried the case in respect of which proceedings against the Petitioner have been ordered to be taken. If there was any offence, it was an offence not committed before the Munsif who made the order or brought under his notice in the course of a judicial proceeding. It seems to me, therefore, that the case does not fall within that section and that consequently this rule must be made absolute.