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1935 Supreme(Lah) 473

CURRIE
Ali Mohd – Appellant
Versus
Emperor – Respondent


JUDGMENT

Currie, J. - Three complaints were originally lodged under Sections 417/420, Penal Code, before the Honorary Magistrate, Kasur. Subsequently the Sub-divisional Magistrate withdrew the cases and made them over to the police for investigation. The investigation officer presented a challan under Section 420, Penal Code, but the prosecuting agency considered that the offence also fell under Section 468, Penal Code. The petitioners were tried by a Magistrate, 1st Class. The Magistrate convicted them under Section 420. He found that Section 468 did not apply to the facts of this case and framed a charge under Section 465, Penal Code. Eventually however he came to the conclusion that on the facts the offence would fall under Section 467, Penal Code. As he was not invested with enhanced powers under Section 30, Criminal P.C., he would not convict under that section, but registered an order of acquittal under Section 465 remarking that this would not be any bar to proceedings against the accused under Section 467. He took this course, it appears, because the prosecution Sub-Inspector did not desire a transfer of the case to a Court of competent jurisdiction at that late stage. The p

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