K S IMAM SAHIB Vs. STATE OF TAMIL NADU
HIGH COURT OF MADRAS
STATE OF TAMIL NADU
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Somsundaram, J. -
(1.) PAKENHAM Walsh J. has held in --"Lakshmana Mudaliar v. Emperor', AIR 1932 Mad 497 (A), following -- 'Up'endranath Bis-was v. Emperor', AIR 1914 Cal 603 (B) that the provision of Section 233, Criminal P. C., applies to summons cases also. I agree with the view that the principle governing charges in war-rant cases is equally applicable to summons leases. The lower appellate Court was, therefore, justified in holding that the trial in this case is vitiated by misjoinder. But considering the facts that these offences were committed in or about May 1950 and as the offences themselves are of a trivial nature, I do not think that ends of justice require that the petitioners should undergo three separate trials hereafter. In this view I quash the further proceedings in the case.;
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