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Emperor Vs Nathi Mal

Date of Decision: May 27, 1914

Citation: (1914) ILR (All) 513

Hon'ble Judges: Piggott, J

Bench: Single Bench

Final Decision: Dismissed

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Judgement

Piggott, J.@mdashThe District Magistrate of Cawnpore has for certain reasons given in his order transferred a criminal case pending in the court of

Mr. J. N. G. Johnston, Joint Magistrate of Cawnpore, for trial by Mr. R. H. Williamson, chairman of municipal board, Cawnpore. I have no doubt

that when Mr. R. H. Williamson was gazetted to the office of chairman of the municipal board, and took charge of that office, he was thereby

divested of his territorial jurisdiction as magistrate, 1st class, attached to the Cawnpore district. Even if it could be contended that Mr. Williamson

continued to be a magistrate of some sort while holding the office of chairman, municipal board, I am quite clear that he is not a magistrate

subordinate to the District Magistrate. The order complained of cannot be sustained. It is therefore set aside.