Skip to content


Virappa Chettiar Vs. Kathayee Ammal and anr. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported inAIR1923Mad180; 71Ind.Cas.112
AppellantVirappa Chettiar
RespondentKathayee Ammal and anr.
Cases ReferredVelayuda Kone v. Narayana Kone
Excerpt:
criminal procedure code (act v of 1898), section 145 - magistrate, duty of, to complete enquiry. - - 789, and the cases cited therein]. if the petitioner was not ready with his evidence, and showed no good cause for an adjournment, the magistrate ought, at least, to have taken the evidence of the counter-petitioners......order passed see velayuda kone v. narayana kone 31 ind. cas. 645 : 2 l.w. 1208 : 16 cr. l.j. 789, and the cases cited therein]. if the petitioner was not ready with his evidence, and showed no good cause for an adjournment, the magistrate ought, at least, to have taken the evidence of the counter-petitioners. the order of the magistrate is vacated and the case will be sent back to be disposed of according to law. it will be open to the petitioner also to file a written statement and to adduce evidence at the new enquiry and the magistrate will be bound to record and consider it.
Judgment:
ORDER

Ramesam, J.

1. There is no finding by the Magistrate that any party was in possession before the locking of the building by the counter-, petitioners. Nor could he give such a finding, as there were no materials which could properly be the basis of such a finding as no enquiry was made. It is the duty of the Magistrate to complete the enquiry under, Section 145 of the Criminal Procedure Code in the proceedings started under it and a preliminary order passed see Velayuda Kone v. Narayana Kone 31 Ind. Cas. 645 : 2 L.W. 1208 : 16 Cr. L.J. 789, and the cases cited therein]. If the petitioner was not ready with his evidence, and showed no good cause for an adjournment, the Magistrate ought, at least, to have taken the evidence of the counter-petitioners. The order of the Magistrate is vacated and the case will be sent back to be disposed of according to law. It will be open to the petitioner also to file a written statement and to adduce evidence at the new enquiry and the Magistrate will be bound to record and consider it.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //