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1913 DIGILAW 269 (ALL)

Babu Ram v. King-Emperor

1913-07-26

PIGGOTT

body1913
JUDGMENT : Piggott, J. I have examined this record and considered the facts of the case in connection with the wording of section 556 of the Code of Criminal Procedure and the principles laid down in various rulings of this Court in which that section has been considered. I refer more particularly to Inayet Husain's case, [1899] A.W.N., 74, Emperor v. Biseswar Bhattacharji, [1910] I.L.R., 32 All., 635 and Ganeshi's case, [1893] I.L.R., 15 All., 192. The question before me now is not whether the Magistrate who decided this case had had such connection with the proceedings antecedent to the institution of the prosecution as would have justified an order transferring the case for trial to another court. I am bound at this stage to dismiss this application unless I am prepared to hold that the Magistrate concerned had no jurisdiction to take up the trial of the case by reason of section 556 of the Code of Criminal Procedure. The case for the applicants is that the Magistrate had directed their prosecution. On an examination of the record, I am satisfied that he had not done this, but had merely laid before an Inspector of Police certain information and directed the said Inspector to make an enquiry on the basis of that information. The prosecution was instituted in the ordinary course by the investigating Police officer. I dismiss this application.