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1919 Supreme(Mad) 124

S.AIYAR
In Re: Ganapathy Chetty – Appellant
Versus
Unknown – Respondent


ORDER

Sadasiva Aiyar, J.

1. This is an application praying to quash the order of commitment passed by the Chief Presidency Magistrate in Calendar Case No. 4556 of 1919. The commitment was made to the High Court Sessions. The application is made under Sections 215 and 439 of the Criminal Procedure Code and Section 107 of the Government of India Act. The offences with which the petitioners are charged relate to acts of kidnapping and theft committed in Madras and the offence of murder committed on the Avadi-Poonamalle Road within the jurisdiction of the Sessions Court of Chingleput. They all formed parts of the same transaction.

2. So far as the objection based on the alleged want of jurisdiction of the Chief Presidency Magistrate over the offences which took place on the Avadi-Poonamallee Road are concerned, that defect, assuming it to exist, is clearly cured by Section 531 Criminal Procedure Code.

3. Then there is the more serious question, that is, the commitment having been made to this High Court Sessions as regards the offence which took place in the Chingleput District whether the High Court has got power in the exercise of its original criminal jurisdiction to try that offence an






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