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Shama Charan Das and anr. Vs. Ashutosh Dass - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Reported inAIR1928Cal263
AppellantShama Charan Das and anr.
RespondentAshutosh Dass
Excerpt:
- .....on an examination of the opposite party on oath upon the complaint that was filed by him, the learned district magistrate thought it proper to proceed against the accused only under section 448. for an offence under that section intention is one of the most important ingredients, and in order to determine the intent it would be necessary to consider the circumstances under which the act was done by the accused as also the bona fide nature or otherwise of the claim which the accused may have in respect of the property itself. from that point of view the proceedings which are now pending with regard to the probate applied for by the petitioners are relevant and having regard to all the circumstances was consider it desirable that the present proceedings in the criminal court should be.....
Judgment:
ORDER

1. The complaint filed by the opposite party was in respect of offences under Sections 448, 392, 143 and 341 I.P.C. On an examination of the opposite party on oath upon the complaint that was filed by him, the learned District Magistrate thought it proper to proceed against the accused only under Section 448. For an offence under that section intention is one of the most important ingredients, and in order to determine the intent it would be necessary to consider the circumstances under which the act was done by the accused as also the bona fide nature or otherwise of the claim which the accused may have in respect of the property itself. From that point of view the proceedings which are now pending with regard to the probate applied for by the petitioners are relevant and having regard to all the circumstances was consider it desirable that the present proceedings in the criminal Court should be stayed pending the disposal of the probate proceedings by the learned District Judge.

2. The Rule is made absolute.


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