Search Results Page
Search Results
1 - 2 of 2 (0.17 seconds)Mehi Singh vs Mangal Khandu on 6 September, 1911
1. We are of opinion that this Rule must be made absolute on the ground on which it was issued. The considerations, which moved the Full Bench in the case of Mehi Singh v. Mangal Khanda 12 Ind. Cas. 297 : 16 C.W.N. 10 at p. 13 : 14 C.L.J. 437 : 39 C. 157 : 12 Cr.L.J. 529 seem to apply with equal or even more force to an order under Section 522, Criminal Procedure Code. It is clear that the confirming of a conviction on appeal, where the Magistrate had not thought it necessary to act under Section 522, cannot make such an order a consequential relief, or an order ancillary in character for which no separate authority is needed. Separate authority under Section 522 was distinctly needed before any Criminal Court could have such extraordinary powers as are given thereby. The power is an unusual one. It is one certainly not inherent in the ordinary Courts of Criminal Jurisdiction and it certainly could not be exercised by any person other than the Court which convicted of an offence attended with criminal force and held independently that by such force any person had been dispossessed of any immoveable property; and that independent finding must, of course, be the finding of the Court of first instance. The Appellate Court cannot come to an independent finding upon a matter which is not before it in appeal.
1