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Gopi Khatik Vs. Emperor - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in68Ind.Cas.35
AppellantGopi Khatik
RespondentEmperor
Excerpt:
sureties - magistrate, duty of--police report, acting on, illegal. - - it has been laid down in this court for many years that when sureties are offered, it is the duty of the court to accept them, unless the court itself is satisfied that they are not proper persons.ryves, j.1. in revision, i do not think i am entitled to question the order itself, bat it seems to me that the learned magistrate is wrong in repeating the sureties on the report of the police. it has been laid down in this court for many years that when sureties are offered, it is the duty of the court to accept them, unless the court itself is satisfied that they are not proper persons. with these remarks i order the record to be returned. the application is rejected.
Judgment:

Ryves, J.

1. In revision, I do not think I am entitled to question the order itself, bat it seems to me that the learned Magistrate is wrong in repeating the sureties on the report of the Police. It has been laid down in this Court for many years that when sureties are offered, it is the duty of the Court to accept them, unless the Court itself is satisfied that they are not proper persons. With these remarks I order the record to be returned. The application is rejected.


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