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Venkatroya Gownden Vs. the Very Rev. N. Rondy - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in7Ind.Cas.343
AppellantVenkatroya Gownden
RespondentThe Very Rev. N. Rondy
Excerpt:
criminal procedure code (act v of 1898), section 144 - ex parte order--emergency. - order1. the order of the head assistant magistrate dated the 14th day of june 1910 was passed ex parte. such an order can only be passed in cases of emergency or when there is no time to serve notice, vide section 144 of the code of criminal procedure. the order of the head assistant magistrate does not disclose the existence of such emergency or that there was not sufficient time to serve notice. the tahsilder himself, in his letter of the 12th jane, recommended that before any orders were issued evidence should be formally recorded, and the record does not, in our opinion, disclose any such emergency as called for an ex parte order. we, therefore, set aside the order of the head assistant magistrate.
Judgment:
ORDER

1. The order of the Head Assistant Magistrate dated the 14th day of June 1910 was passed ex parte. Such an order can only be passed in cases of emergency or when there is no time to serve notice, vide Section 144 of the Code of Criminal Procedure. The order of the Head Assistant Magistrate does not disclose the existence of such emergency or that there was not sufficient time to serve notice. The tahsilder himself, in his letter of the 12th Jane, recommended that before any orders were issued evidence should be formally recorded, and the record does not, in our opinion, disclose any such emergency as called for an ex parte order. We, therefore, set aside the order of the Head Assistant Magistrate.


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