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Section 561-A, Code of Criminal Procedure

By K. R. Ramaswamy Iyengar

Published In

Cr LJ 1949

Discussing the assumption of jurisdiction under S. 561-A, Criminal P. C., in Crown Prosecutor v. N. S. Krishnana, I. L. R. 1946 Mad. 62: (A. I. R. (32) 1945 Mad. 250: 47 Cr. L. J. 106), Bikaru v, Emperor, 48 Cr. L. J. 948: (A. I. R. 35) 1948 Oudh 17) and Sri Ram v. Emperor, 4. Cr. L. J. 56 (A.I.R. (35) 1948 ALL. 106), I came to the conclusion in my discussion published in 49 Cr. L. J. 3 (Journal) that the High Court has no power under S. 561-A to interfere with a judgment or a sentence or any order, relief against which can be had under specific provisions of the Code of Criminal Procedure. In the case reported in In re Major F. K. Mistri, (1949) 2 M. L. J. 44, the petitioner Mistry went up to the Madras High Court under S. 561-A for quashing the charge framed against him. The following observation was made in that case : “The specific provision of the Criminal Procedure Code dealing with the quashing of the charge is that contained in S. 215 which empowers the ....

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