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The Empress Vs. Brojokanto Roy Chowdhuri - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in(1883)ILR9Cal638
AppellantThe Empress
RespondentBrojokanto Roy Chowdhuri
Excerpt:
criminal procedure code (x of 1882), section 133 - nuisance--erection of buildings--unconditional order. - mitter, j.1. we agree with the sessions judge that the order, of the deputy magistrate of putuakhali, purporting to have been passed under section 133, criminal procedure code, is illegal, and should be set aside on the ground that it is unconditional. as required by the section, it does not appoint any time or place within which and where the person to whom it is directed may appear before the deputy magistrate himself, or some other magistrate of the first or second class, and move to have the order set aside or modified. we accordingly set aside the order, which the sessions judge recommends to be set aside.
Judgment:

Mitter, J.

1. We agree with the Sessions Judge that the order, of the Deputy Magistrate of Putuakhali, purporting to have been passed under Section 133, Criminal Procedure Code, is illegal, and should be set aside on the ground that it is unconditional. As required by the section, it does not appoint any time or place within which and where the person to whom it is directed may appear before the Deputy Magistrate himself, or some other Magistrate of the first or second class, and move to have the order set aside or modified. We accordingly set aside the order, which the Sessions Judge recommends to be set aside.


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