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    Desraj Singh v. Emperor

    1. The applicant, Desraj, has been discharged by a Magistrate of the First Class man inquiry under Section 110 of the Cr PC. The District Magistrate of Mainpuri ordered a further inquiry under S. 437. Against that order Desraj has applied in revision to this Court. In Kharga v. Emperor (1), a Divisional Bench of this Court has held that a District Magistrate has jurisdiction to direct further inquiry in a case where a person has been discharged in an inquiry under Section 110 of the Cr PC. I am bound by that ruling and therefore have to hold that the District Magistrate had jurisdiction to pass the order which is attacked in this revision.

    2. The only question that remains is whether he was justified, in the exercise of his jurisdiction, in ordering a further inquiry. I am not prepared to the Magistrate's hands, and to hold that he was not justified in passing the order and therefore reject this application.

    V.B/R.K

    3. Application rejected.

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    Desraj Singh v. Emperor
    (Aug 5, 1919)