AIR 1952 NAGPUR 289

Nagpur High Court

Hon'ble Judge(s): Hidayatullah, B. K. Choudhuri , JJ

(A) Criminal P.C. (5 of 1898) , S.526(1)(d), S.526(1)(e), S.526(3)— Power of High Court to withdraw appeal to itself. The High Court has power to withdraw the appeal from the Additional Sessions Judge, and hear it itself. Such a power is available to it under S. 526, regard being had to sub-s. (1) (d) and (e) read with (iii) and sub-s. (3).(Para 9) Anno : Cr. P. C., S. 526, N. 7, 8, 3. (B) Criminal P.C. (5 of 1898) , S.350 Proviso(a)— Case coming again before original Magistrate. Section 350 would not in terms apply to a Magistrate who having himself recorded all the evidence in a case, succeeds another who has done nothing. A bare perusal of the opening words of S. 350 would show that it is only when a Magistrate, who succeeds another and is faced with the problem of deciding a case on the evidence recorded by the previous Magistrate, that S. 350 comes into play. Further where the Magistrate succeeds to a record already prepared by him, it cannot be said that he is acting on evidence recorded by "another" Magistrate. In so far as the accused is concerned, he can invoke the proviso only when he finds that a person who is acting on the evidence is not the one who has recorded that evidence. If it is the same person, then the pro....