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M. Ahmed Meera Sahib v. Meeran Sahib

M. Ahmed Meera Sahib
v.
Meeran Sahib

(High Court Of Judicature At Madras)

Criminal Revision No. 228 Of 1926 & Criminal Revision No. 207 Of 1926) | 13-08-1926

Jackson, J

[1] If a Bench summons a person to appear on a certain day at 11 a. m. and the party appears and the Bench does not sit till 2 p. m. and the party does not wait, it cannot be said that the party has failed to appear within the mischief of Section 247, Criminal P. C.

[2] The petition is allowed, the judgment and acquittal are reversed, and the case remanded to the Bench of Sembiam for re-trial.

Advocates List

For the Petitioner Messrs. V.L. Ethiraj, A.S. Sivakaminathan, Advocates. For the Crown Public Prosecutor.

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

Bench List

HON'BLE MR. JUSTICE JACKSON

Eq Citation

99 IND. CAS. 944

AIR 1927 MAD 393

LQ/MadHC/1926/322

HeadNote

Criminal Procedure Code, 1973 — Ss. 246, 247 and 354 — Failure to appear — When not failure to appear — Bench summons person to appear on a certain day at 11 a. m. and the party appears and the Bench does not sit till 2 p. m. and the party does not wait — Held, it cannot be said that the party has failed to appear within the mischief of S. 247 — Criminal Trial — Retrial

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