Queen-Empress vs Shere Singh on 12 January, 1887

Allahabad High Court
Queen-Empress vs Shere Singh on 12 January, 1887
Equivalent citations: (1887) ILR 9 All 362
Author: Straight
Bench: Straight


JUDGMENT

Straight, J.

1. Without in the least degree expressing any opinion upon the views enunciated by the District Magistrate in his referring letter with regard to the case of Shere Singh, I have, after consulting the learned Chief Justice on the matter, come to the conclusion that the Registrar should return the reference to the Magistrate, with an intimation that this Court is of opinion that the method he has adopted of calling the attention of the Court to the case is an inconvenient one, which, if it received sanction, might lead to difficulties and complications, and possible friction between District Magistrates and Judges. I think the practice to be followed in these matters should be for the Magistrate, if he considers there has been a miscarriage of justice, to communicate with the Public Prosecutor as to the case in which he thinks it has occurred, and to invite his assistance to move the Court with regard to it. This course will secure the twofold advantage (i) of enabling the Magistrate to be well advised as to the propriety of a motion being made, and (ii) of ensuring that it will be laid before the Court in its strongest aspects. Moreover, the Public Prosecutor will be able to communicate with the Judge whose decision is impeached, and thus at first-hand be in a position to lay before us all the materials which are ordinarily required by us before dealing with revision cases of this character.

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