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Gour Chand Audhikari Vs. Komal Chandra Pal - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in(1897)ILR24Cal286
AppellantGour Chand Audhikari
RespondentKomal Chandra Pal
Cases ReferredNilratan Sen v. Jogesh Chundra Bhuttacharjee I.L.R.
Excerpt:
complaint - dismissal of complaint--revival of proceedings--criminal procedure code (act x of 1882), sections 202, 203, 437--final disposal of case--want of jurisdiction--conviction. - ghose and gordon, jj.1. we think that this rule must be made absolute. in doing so, we need only refer to the case of nilratan sen v. jogesh chundra bhuttacharjee i.l.r. 23 cal. 983 in which a view, contrary to that which has been taken by the magistrate, was adopted by this court. the order reviving the complaint and the subsequent proceedings will be set aside, and the fine imposed upon the petitioner, if realized, will be refunded.
Judgment:

Ghose and Gordon, JJ.

1. We think that this rule must be made absolute. In doing so, we need only refer to the case of Nilratan Sen v. Jogesh Chundra Bhuttacharjee I.L.R. 23 Cal. 983 in which a view, contrary to that which has been taken by the Magistrate, was adopted by this Court. The order reviving the complaint and the subsequent proceedings will be set aside, and the fine imposed upon the petitioner, if realized, will be refunded.


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