August 4, 1923, granted sanction under s. 195 of the Code of
Criminal Procedure to prosecute the the respondent for
having preferred a false charge ... Code
(1) (1927) I.L.R. 9 Lahore 284.
(2) (1925) I.L.R. 48 Mad. 620 (F.B).
501
of Criminal Procedure was amended
High Court in revision under
s. 439 of the Code of Criminal Procedure and a retrial was
directed. It was against the order of retrial ... observed-
"Though sub-s. (1) of s. 439 of the Criminal
Procedure Code authorises the High Court to
exercise in its discretion
that it is
governed by a procedure different from that prescribed by
the Code of Criminal Procedure . That indeed is not
controverted by the appellant ... superior
court. That is the principle underlying s. 349 of the
Criminal Procedure Code, under which magistrates of the
second and third class, are empowered
accused-
Duty of inquiring Magistrate-Validity of Proceeding and
trial- Code of Criminal Procedure (Act V of 1898), as amended
by the amending ... 207A of the Code of Criminal Procedure is not
mandatory but directory and a non-compliance with the
provisions of those subsections, unless
Kangsari Haldar & Another vs The State Of West Bengal on 18 December, 1959
Equivalent
referred to.
JUDGMENT:
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 57 of
1957 and Criminal Misc. Petition No. 294 of 1957.
Appeal from the judgment ... constitutionality of the provisions of
ss. 207 and 207A , Code of Criminal Procedure (hereinafter
referred to as the Code), which, read together, were
introduced into
civil court while trying a suit under the Code
of Civil Procedure in respect of the several matters
specified therein, namely, summoning and enforcing
attendance ... that may be made, to
regulate its own procedure including the time and place of
its
284
sittings and may act notwithstanding the temporary absence
Tahsildar Singh And Another vs The State Of Uttar Pradesh on 5 May, 1959
Equivalent
Pannalal Binjraj vs Union Of India on 21 December, 1956
Equivalent citations: 1957 AIR 397
Bidi Supply Co vs The Union Of India And Others on 20 March, 1956
Equivalent
