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Gauri Shankar and anr. Vs. Emperor - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad
Decided On
Reported inAIR1929All905
AppellantGauri Shankar and anr.
RespondentEmperor
Excerpt:
- .....considered that a man may be a debtor or a tenant of a zemindar in 1924 and may cease to be such in 1928. it is much to be desired that civil or criminal courts, when they make a complaint, would devote some thought to the matter, frame a proper charge and state in detail the names of the witnesses who were likely to prove the charge. for want of such information the complaint more often than not results in an acquittal, reflecting discredit on courts of law. this is just such a case and it is not desirable that such a complaint should be permitted. i set aside the order of the sessions judge, dated 18th april 1929, and withdraw the complaint made by him.
Judgment:

Dalal, J.

1. The complaint is made by the learned Judge in a very haphazard manner. The actual statements in vernacular of the applicants which are supposed to be contradictory, are not quoted. The possibility is not considered that a man may be a debtor or a tenant of a zemindar in 1924 and may cease to be such in 1928. It is much to be desired that civil or criminal Courts, when they make a complaint, would devote some thought to the matter, frame a proper charge and state in detail the names of the witnesses who were likely to prove the charge. For want of such information the complaint more often than not results in an acquittal, reflecting discredit on Courts of law. This is just such a case and it is not desirable that such a complaint should be permitted. I set aside the order of the Sessions Judge, dated 18th April 1929, and withdraw the complaint made by him.


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