Supreme Court · 1960 INSC 67 · Decided 1 April 1960
N Andlal Misra v. K. L. Misra
- Court
- Supreme Court of India
- Citation
- 1960 INSC 67 · [1960] 3 S.C.R. 431
- Case number
- CRIMINAL APPEAL No. 64/1958
- Decided
- 1 April 1960
- Bench
- K. SUBBA RAO, J.C. SHAH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 488
Headnote
SUPREME COURT REPORTS 431 such circumstances is itself void. Neither do we understand Mulla, J., to take the view that apart from s. 2 L of the Act, the commitment was void because the learned Magistrate could himself have awarded the maximum sentence provided. We have said that s. 21 does not Therefore it seems to us that the learned Sessions Judge had full jurisdiction to try the case against the respondent. In the result we allow the appeal and set aside the order of the High Court. The case will now go back to the High Court to be heard on merits. Appeal allowed. N AND LAL MISRA
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