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In Re. Pakkiriswami Pillai v.

In Re. Pakkiriswami Pillai
v.

(High Court Of Judicature At Madras)

Criminal Revision No. 865 Of 1946 & Criminal Revision No. 832 Of 1946 | 12-03-1947

(Prayer: Petition (disposed of on 12-3-1947) under Ss. 435 and 439 Crl. P.C., 1898 praying the High Court to revise the judgment of the Court of Session of Madura dated 3-7-1946 in C.A. No. 86 of 1946 preferred against the judgment of the Court of the First Class Bench of Magistrates, Madura, in S.C. No. 2739 of 1946.)

There is no finding given by the Magistrates that the prosecution is expedient in the interests of justice. There is an incurable defect in the order made by the Magistrates under S. 476 of the Code of Criminal Procedure. The petition is allowed. The complaint filed will be withdrawn.

Advocates List

For the Appearing Parties The Assistant Public Prosecutor, P. Radhakrishnayya, Advocate.

For Petitioner
  • Shekhar Naphade
  • Mahesh Agrawal
  • Tarun Dua
For Respondent
  • S. Vani
  • B. Sunita Rao
  • Sushil Kumar Pathak

Bench List

HON'BLE MR. JUSTICE YAHYA ALI

Eq Citation

(1947) 2 MLJ 384

AIR 1948 MAD 297

LQ/MadHC/1947/71

HeadNote

Criminal Procedure Code, 1898 — S. 476 — Complaint filed under S. 476 — No finding given by Magistrates that prosecution is expedient in interests of justice — Irreparable defect in order made by Magistrates — Complaint to be withdrawn

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