Stuart, J.The Magistrate had certainly no jurisdiction to direct the lock to be broken and the property to be handed over to the third party as custodian, but, at the same time, I fail to see that either the Sessions Judge or the High Court has any jurisdiction, either, to interfere in the matter. The remedy of Ovid is clearly by a suit in the Civil Court. I do not consider it necesssary to make any remarks as to what the nature of this suit should be or who should be the defendant, but it is clear to my mind that any order I might pass in the matter will be absolutely without jurisdiction. I, therefore, direct the papers to be returned.
J. Ovid v. Seth Chanda Bhan
J. Ovid v. Seth Chanda Bhan
(High Court Of Judicature At Allahabad)
| 05-07-1922
Advocate List
Bench
- HON'BLE JUSTICE STUART, J
Eq Citations
- 76 IND. CAS. 650
- AIR 1923 ALL 473
- LQ/AllHC/1922/287
Head Note
Criminal Procedure Code, 1898 — S. 437 — Sessions Judge's power to interfere in criminal case — When exercised — Civil Court's jurisdiction — Limitation Act, 1908, S. 3
