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Magistrate " in the trial of criminal J Chan Tun Aung, J cases under the Criminal Procedure Code has a Ltd meaning and that it cannot include a Magistrate appointed by the Supreme Commander in respect of certain parts of the country under military administra tion In other words, such Magistrates' Courts are not courts of Magistrates whose constitutions and powers are defined in Chapters II and III of the Criminal Procedure Code Therefore, the first contention urged on behalf of the applicant must be accepted After his reversion as a civil magistrate U Ba Thaw is entirely incompetent to use the depositions of the prosecution witnesses recorded by him as an Inferior Military Court If he used them even with the consent of the parties concerned, such consent, especially in a criminal trial, cannot cure the illegality already occasioned There are numerous authorities on this point and I shall discuss them when considering the second contention put forth by the learned Counsel As regards the second objection raised, it is quite clear from the entries in the Case Diary that when U Kyaw Myint succeeded U Ba Thaw, the former was incompetent to proceed with the trial Therefore, the reference to the District Magistrate for transfer of the case to a competent magistrate for trial, must have been made under section 346 (1) of the Criminal Procedure Code By section 350, sub-section (2) of the Criminal Procedure Code, the procedure for acting on the evidence recorded by a previous magistrate when he has been succeeded by another, 160 BURMA LAW REPORTS [1954 HC 1954 and the privilege of the accused to demand the re hearing of witnesses or to claim a de novo trial, are Maung Maung made not applicable to cases or trials in which the v- The Union proceedings have been stayed or submitted to a of Burma competent Magistrate for trial under section 346 (1) U Chan Tun Aung, J of the Criminal Procedure Code The first part of sub-section (2) of section 350 is clearly to that effect This interpretation of the law find     1

Cases Referring to this Case

Case Name	Citation(s)	Court	Jurisdiction	Date †	Full Text		Citation Index
In re (Paravada) China Venku Naidu	[1922] AllINRprMad 150	All India Reporter - Madras	India	13 Dec 1922	AsianLII