Q. What are the equivalent citations for Public Prosecutor vs Manikka Gramani and 9 Others ?

The equivalence citation are(1906) 16 MLJ 546 ; (1907) ILR 30 MAD 228 ; LQ/MadHC/1906/91 ;

Public Prosecutor Vs. Manikka Gramani And 9 Others On 09 October, 1906

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Public Prosecutor v. Manikka Gramani And 9 Others

Public Prosecutor
v.
Manikka Gramani And 9 Others

(High Court Of Judicature At Madras)

Criminal Revision No. 318 Of 1906. Criminal Revision No. 233 Of 1906.) | 09-10-1906

Benson, J

[1] The petition is not opposed. I am of opinion that the order of the Sessions Judge directing a retrial is erroneous.

[2] The Sub-divisional Magistrate, as the Court hearing appeals from the Second Class Magistrate, had jurisdiction under Section 423(1)(6) of the Code of Criminal Procedure to reverse the finding and sentence of the Second Class Magistrate and to "order a retrial by a Court of competent jurisdiction subordinate" to him as an appellate court. These latter words when read with Section 528 ace not to be taken as words of limitation, and do not exclude the appellate court from itself trying the offender, the offence being one within the ordinary jurisdiction of the Sub-divisional Magistrate. This was expressly decided by this Court in the case of Vadakadeth Kanaram in Criminal Revision Case No. 271 of 1890 reported in Weir s Law of Offences, 4th edition, P 481.

[3] The Sessions Judge was also in error in holding that the Sub-divisional Magistrate entertained the complaint under Section 190(1)(c). If that section had any application at all it is clear that the Magistrate acted under Clause (b) as he had before him the Police Charge sheet stating all the facts.

[4] The order of the Sessions Judge is set aside and he is directed to restore the appeal to his file and to dispose of it according to law.

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HON'BLE MR. JUSTICE BENSON

Eq Citation

(1906) 16 MLJ 546

(1907) ILR 30 MAD 228

LQ/MadHC/1906/91

HeadNote

Criminal Procedure Code, 1973 — Ss. 423(1)(b) & (6) and 528 — Powers of appellate court — Retrial by appellate court — When permissible — Sub-divisional Magistrate, as appellate court, had jurisdiction to reverse finding and sentence of Second Class Magistrate and to order retrial by a Court of competent jurisdiction subordinate to him — Words "Court of competent jurisdiction" when read with S. 528, held, are not words of limitation and do not exclude appellate court from itself trying the offender, the offence being one within ordinary jurisdiction of Sub-divisional Magistrate — Hence, order of Sessions Judge directing retrial by Sub-divisional Magistrate, held, erroneous — Words and Phrases — "Court of competent jurisdiction"