Section-556 of the Code of Criminal Procedure, 1898
The Code of Criminal Procedure, 1898
(ACT NO. V OF 1898)
CHAPTER XLVI
MISCELLANEOUS
Case in which Judge or Magistrate is personally interested
556. No Judge or Magistrate
shall, except with the permission of the Court to which an appeal lies from his
Court, try for trial any case to or in which he is a party, or personally
interested, and no Judge or Magistrate shall hear an appeal from any judgment
or order passed or make himself.
Explanation–A Judge or Magistrate shall not be
deemed a party, or personally interested, within the meaning of this section,
to or in any case by reason only that he is a Municipal Commissioner or
otherwise concerned therein in a public capacity, or by reason only that he has
viewed the place in which an offence is alleged to have been committed, or any
other place in which any other transaction material to the case is alleged to
have occurred, and made an inquiry in connection with the case.
Illustration
A, as Collector, upon
consideration of information furnished to him, directs the prosecution of B or
a breach of the excise Laws. A is disqualified from trying this case as a
Magistrate.

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