Research › Browse › Judgment

Calcutta High Court · body

1907 DIGILAW 217 (CAL)

Kamini Baurini v. Fakir Chand Sarkar and Kartik Bauri

1907-09-11

body1907
JUDGMENT 1. This is a rule calling on the District Magistrate of Burdwan, and also on the accused, to show cause why the order of the Sessions Judge of Burdwan quashing the commitment of the accused for trial before the Court of Sessions should not be set aside. No cause is shown. After bearing the learned vakil for the Petitioner, as representing the Crown, we think that the order of the Sessions Judge cannot be supported. Sec. 532 of the Code of Criminal Procedure has no sort of application to a case of this kind. The second class Magistrate, not being able to make a commitment himself, referred the case to the Sub-divisional Magistrate, to whom he is subordinate, and that officer, acting under the powers conferred upon him by sec 346 of the Code, committed the accused for trial. 2. We accordingly make the rule absolute and direct the learned Sessions Judge to proceed with the trial on the commitment already made by the Sub-divisional Magistrate of Asansol. Let the record be sent down at once.