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Showing contexts for: draft charges in Emperor vs Huseinalli Vilayatalli on 5 March, 1942Matching Fragments
14. I wish to make it clear that Section 226 gives the widest possible powers to the Clerk of the Crown to revise and re-draft charges with reference to any offence in respect of which the committing Magistrate has framed a charge. But when the Magistrate comes to the conclusion that an offence has been committed and frames a charge accordingly, it is not open to the Clerk of the Crown to withdraw that charge on the ground that there is no evidence to go to the jury and therefore the charge would fail. That is a judicial act which can only be performed by the Court.
15. I would, therefore, direct that an entry be made against the charges framed by the committing Magistrate against accused Nos. 1 and 2 in respect of 584 counterfeit coins that those charges are unsustainable.
16. With regard to the rest of the charges framed by the Clerk of the Crown against accused Nos. 1 and 2 and against accused No. 3, two separate trials will proceed. on the charges as re-drafted by the Clerk of the Crown.