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Allahabad High Court
In Re: Sheikh Amin-Ud-Din vs Unknown on 18 March, 1902
Equivalent citations: (1902) ILR 24 All 346
Author: K A Blair
Bench: Knox, Blair


Knox and Blair, JJ.

1. A preliminary objection has been taken to the hearing of this reference. It is contended that the provisions of the last paragraph of Section 439 apply. We are not prepared to accede to this contention, or to say that we shall in no case entertain a reference simply because of what is laid down in that paragraph. At the same time the fact remains that it was open to the Local Government to present an appeal from this acquittal. Where the Local Government do not adopt this procedure, or where the Magistrate does not move the Local Government to adopt this procedure in cases where it could be adopted, and sends to us direct, we think it expedient, as a general rule, not to exercise our powers of revision. We refuse to entertain the reference. Let the record be returned.

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