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1939 Supreme(Mad) 320
IN THE HIGH COURT OF MADRAS
Lakshmana Rao, J.
Patnam Sidda Reddi and Ors.
Versus
Ambati Venkata Girianna
Decided On : 29.09.1939
Permissibility of directing the Magistrate to frame a charge and dispose of the case under Section 436, Criminal P.C.
Headnote:
Interference - Criminal Procedure Code - Summary
Fact of the Case:
The court found no ground for interference with the order directing further inquiry, but held that it was not permissible to direct the Magistrate to frame a charge and dispose of the case under Section 436, Criminal P.C.
Finding of the Court:
The court set aside the direction of the Sessions Judge to frame a charge under Section 147 and dismissed the petition.
Issues: Interference with order directing further inquiry, permissibility of directing the Magistrate to frame a charge and dispose of the case under Section 436, Criminal P.C.
Ratio Decidendi: The court held that it was not permissible under Section 436, Criminal P.C., to direct the Magistrate to frame a charge and dispose of the case.
Final Decision: The court set aside the direction to frame a charge under Section 147 and dismissed the petition.
Lakshmana Rao, J.
1. There is no ground for interference with the order directing further inquiry but it is not permissible under Section 436, Criminal P.C., to direct the Magistrate to frame a charge and dispose of the cage. The direction of the Sessions Judge to frame al charge under Section 147 is therefore set aside and otherwise this petition is dismissed.
