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1916 DIGILAW 378 (MAD)

Alluri Subbaraju And Alluri v. Alluri Rambhadra Raju Alias

1916-09-01

KRISHNAN, OLDFIELD

body1916
ORDER 1. The respondent against whom this order under Section 145 of the Code of Criminal Procedure was passed, died after presenting this petition for revision under Section 15 of the Charter Act, and his son has now applied to be brought on the record in order to prosecute it. 2. His application has been supported solely by reference to Section 145(7). But that clause statedly regulates only proceedings under the section and we have been shown no authority for extension of its purview to others, such as the proceedings before us under the Charter Act. No authority has been adduced which is in point; and in these circumstances we cannot place the applicant on the record or hear his Vakil. 3. It is also impossible for us, consistently with the decision of Kamal Kutty v. Udayavarma Raja Valia Raja of Chirakal 17 Ind. Cas. 65 : 36 M. 275 : 12 M.L.T. 439 : (1912) M.W.N. 1154 : 23 M.L.J. 499 : 13 Cr. L.J. 753 to deal with the Magistrates order by way of revision of our own motion, since we have satisfied ourselves chat he complied with the formalities essential to his having jurisdiction. 4. The Criminal Revision Petition No. 170 of 1916 (Criminal Revision Case No. 205 of 1916) filed by the deceased respondent is, therefore, dismissed. His sons application, Criminal Miscellaneous Petition No. 320 of 1916, is also dismissed.