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In Re: Narra Padmavathamma - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Reported in(1946)2MLJ271
AppellantIn Re: Narra Padmavathamma
Excerpt:
- - 2. i am satisfied that sufficient opportunity was not given to the petitioner to show cause against the confirmation of the preliminary order. in a matter like this it is essential that the party aggrieved should have sufficient opportunity to meet the charge......for time was refused and the preliminary order was made absolute. in a matter like this it is essential that the party aggrieved should have sufficient opportunity to meet the charge.3. the order in m. c. no. 50 of 1945, dated 27th september, 1945, is set aside and the joint magistrate is directed to issue a fresh notice to the petitioner giving her sufficient time and opportunity to meet the case. all proceedings which have been issued on the footing of the order which has been now set aside will stand vacated.
Judgment:
ORDER

Yahya Ali, J.

1. This application is to revise an order made by the Joint Magistrate of Chendragiri making absolute a preliminary order under Section 133 of the Code of Criminal Procedure.

2. I am satisfied that sufficient opportunity was not given to the petitioner to show cause against the confirmation of the preliminary order. She is a lady who observes purdha and the notice itself had been served on her agent who promptly applied for time on the ground that notice was too short. Inspite of it the application for time was refused and the preliminary order was made absolute. In a matter like this it is essential that the party aggrieved should have sufficient opportunity to meet the charge.

3. The order in M. C. No. 50 of 1945, dated 27th September, 1945, is set aside and the joint Magistrate is directed to issue a fresh notice to the petitioner giving her sufficient time and opportunity to meet the case. All proceedings which have been issued on the footing of the order which has been now set aside will stand vacated.


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