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In Re: Muthukaruppa Servai - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Reported in(1928)55MLJ626
AppellantIn Re: Muthukaruppa Servai
Excerpt:
- orderreilly, j.1. it is alleged by the petitioner, and his allegation is supported by the pleaders who appeared before the sub-magistrate and is not denied by the public prosecutor, that, when at the conclusion of the evidence the petitioner's pleader wished to argue the case for his client, the sub-magistrate refused to hear him.2. the petitioner had a right to be heard through the pleader who was defending him, and the magistrate's denial of that right to him cannot be regarded as a mere irregularity, as is suggested for the public prosecutor.3. the conviction and sentence are set aside. the case will be re-tried by such magistrate as the district magistrate directs.4. the petitioner will remain on bail as at present.
Judgment:
ORDER

Reilly, J.

1. It is alleged by the petitioner, and his allegation is supported by the pleaders who appeared before the Sub-Magistrate and is not denied by the Public Prosecutor, that, when at the conclusion of the evidence the petitioner's pleader wished to argue the case for his client, the Sub-Magistrate refused to hear him.

2. The petitioner had a right to be heard through the pleader who was defending him, and the Magistrate's denial of that right to him cannot be regarded as a mere irregularity, as is suggested for the Public Prosecutor.

3. The conviction and sentence are set aside. The case will be re-tried by such Magistrate as the District Magistrate directs.

4. The petitioner will remain on bail as at present.


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