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In Re: Dakshinamoorthi - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in41Ind.Cas.672
AppellantIn Re: Dakshinamoorthi
Cases Referred and Doraiswamy Mudaliar v. Sudarsana Chariar
Excerpt:
criminal procedure code (act v of 1898), section 137 - public nuisance--procedure on appearance of person showing cause against order for removal of nuisance--magistrate, duty of. - orderspencer, j.1. the magistrate has not proceeded to enquire into this case of public nuisance in the manner provided by section 137 of the code of criminal procedure. on the appearance of the person showing cause against the order, the magistrate should proceed to take evidence in support of the order before the counter-petitioner is called upon to produce his evidence to meet it see hingu v. emperor 31 a. d 453 : 10 cri. l. j. 297. and doraiswamy mudaliar v. sudarsana chariar 27 ind. cas. 767 . in this case at the enquiry none but the defence witnesses were examined. the order does not satisfy the requirements of the section. i set it aside and refer the matter back to the magistrate to proceed according to law.
Judgment:
ORDER

Spencer, J.

1. The Magistrate has not proceeded to enquire into this case of public nuisance in the manner provided by Section 137 of the Code of Criminal Procedure. On the appearance of the person showing cause against the order, the Magistrate should proceed to take evidence in support of the order before the counter-petitioner is called upon to produce his evidence to meet it see Hingu v. Emperor 31 A. D 453 : 10 CrI. L. J. 297. and Doraiswamy Mudaliar v. Sudarsana Chariar 27 Ind. Cas. 767 . In this case at the enquiry none but the defence witnesses were examined. The order does not satisfy the requirements of the section. I set it aside and refer the matter back to the Magistrate to proceed according to law.


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