In Re
v.

(High Court Of Judicature At Madras)

No | 28-10-1937


Lakshmana Rao, J

[1] The offence Under Section 409, I.P.C. is not triable by the Magistrate of the Second Class and the alteration of the conviction to one Under Section 409 read with Section 109, I.P.C. is illegal. The conviction of the petitioner is therefore set aside and he is acquitted.

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 MR. JUSTICE LAKSHMANA RAO

Eq Citation

AIR 1938 MAD 315

LQ/MadHC/1937/336

HeadNote

Criminal Law — Offence — Trial — Section 409, IPC — Not triable by Magistrate of Second Class — Conviction altered to one under S. 409 read with S. 109, IPC — Held, illegal — Conviction set aside and petitioner acquitted — IPC, Ss. 409 and 109 "