Bapu Alias Audimulam Pillai
v.
Bapu Alias Krishnayen
(High Court Of Judicature At Madras)
Criminal Revision No. 498 Of 1911. Cr.R.P. No. 372 Of 1911 | 01-03-1912
[1] We are not prepared to dissent from the conclusion arrived at by a Full Bench of this court in Muthusami Mudali v. Veeni Chetti (1877) 1 C.L.R. 275.
[2] We think, however, the power conferred upon this court by Section 195 C
1. (6), of the Code of Criminal Procedure is not a part of the appellate and revisional jurisdiction of this court conferred by Ch. 31 and 32 of the Code of Criminal Procedure. It is a special power conferred by Section 195, Clause (6). It follows, therefore, that when the Judges are equally divided the case is governed by S. (36) of the Letters Patent and not by Section 429 or Section 439 of the Code of Criminal Procedure.
[3] Our answer to the first question referred to us is in the affirmative. Our answer to the second question is that, in the case stated, the procedure described, in Clause (36) of the Letters Patent is to be followed.
[2] We think, however, the power conferred upon this court by Section 195 C
1. (6), of the Code of Criminal Procedure is not a part of the appellate and revisional jurisdiction of this court conferred by Ch. 31 and 32 of the Code of Criminal Procedure. It is a special power conferred by Section 195, Clause (6). It follows, therefore, that when the Judges are equally divided the case is governed by S. (36) of the Letters Patent and not by Section 429 or Section 439 of the Code of Criminal Procedure.
[3] Our answer to the first question referred to us is in the affirmative. Our answer to the second question is that, in the case stated, the procedure described, in Clause (36) of the Letters Patent is to be followed.
Advocates List
For the Appearing Parties ----
For Petitioner
- Shekhar Naphade
- Mahesh Agrawal
- Tarun Dua
For Respondent
- S. Vani
- B. Sunita Rao
- Sushil Kumar Pathak
Bench List
HON'BLE CHIEF JUSTICE MR. CHARLES ARNOLD WHITE, KT.
HON'BLE MR. JUSTICE SANKARAN NAIR
HON'BLE MR. JUSTICE ABDUR RAHIM
HON'BLE MR. JUSTICE AYLING
HON'BLE MR. JUSTICE SADASIVA AIYAR
HON'BLE JUSTICE MR. SUNDARA AIYAR
HON'BLE MR. JUSTICE SPENCER
Eq Citation
(1912) 22 MLJ 419
(1916) ILR 39 MAD 750
14 IND. CAS. 305
1912 MWN 499
LQ/MadHC/1912/99
HeadNote
Criminal Procedure Code, 1973 — Ss. 195(6) and 36 — Power conferred by S. 195(6) of CrPC is not a part of appellate and revisional jurisdiction of Supreme Court but a special power — When equally divided, procedure of S. 36 of L.P. to be followed
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