Research › Browse › Judgment

Madras High Court · body

1952 DIGILAW 75 (MAD)

Untitled judgment

1952-03-14

SOMASUNDARAM

body1952
Order.- Pakenham Walsh, J., has held in Lakshmana Mudaliar v. Emperor1 following Upendra Nath Biswas v. Emperor2that the provisions of section 233, Criminal Procedure Code, applies to summons cases also. I agree with the view that the principle governing charges in warrant cases is equally applicable to summons cases. The lower appellate Court was therefore justified in holding that the trial in this case is vitiated by misjoinder. But considering the facts that these offences were committed in or about May, 1950 and as the offences themselves are of a trivial nature, I do not think that ends of justice require that the petitioners should undergo three separate trials hereafter. In this view I quash the further proceedings in the case. K.S. ----- Further proceedings quashed.