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.
[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 "
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