Nirbikar Chandra Mukherji vs Emperor on 4 February, 1909

Calcutta High Court
Nirbikar Chandra Mukherji vs Emperor on 4 February, 1909
Equivalent citations: 1 Ind Cas 78
Bench: Holmwood, Ryves


JUDGMENT

1. No one appears against this Rule and upon the explanation of the Magistrate of Howrah, it is clear that the proceedings against the petitioner were without jurisdiction. It is not sufficient for the Magistrate of a District to direct a, proceeding to be drawn up by a Deputy Magistrate against a parson residing in another jurisdiction. The law is that no such proceeding shall be taken before any Magistrate other than a Chief Presidency Magistrate or a District Magistrate. If therefore proceeding under Section 107 of the Code of Criminal Procedure is necessary against a petitioner not residing in the District of Howrah, that proceeding must take place and be brought to a conclusion before the District Magistrate himself and before no other Magistrate.

2. The Rule is accordingly made absolute and the order binding down the petitioner discharged.

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