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Sheikh Sadir and ors. Vs. Sabarali - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Reported inAIR1925Cal736
AppellantSheikh Sadir and ors.
RespondentSabarali
Excerpt:
- .....objection was not taken until a late-stage of the case.2. we accordingly make this rule absolute to this extent that we direct the magistrate to follow the procedure of section 139-a, criminal procedure code before taking any further step in this matter.
Judgment:

1. Under the Criminal Procedure Code now amended it is the duty of a Magistrate to proceed in accordance with the provisions of Section 139-A without waiting for the objection to be raised by one of the parties to the proceeding. Under that Section on the appearance before him of the parson against whom the order is made, the Magistrate is bound to question him as to whether he denies the existence of any public right in respect of the way, river, channel or place and if he does so the Magistrate shall before proceeding under Section 137 or Section 138 inquire into the matter. The Magistrate could not refuse to inquire into the matter because the objection was not taken until a late-stage of the case.

2. We accordingly make this Rule absolute to this extent that we direct the Magistrate to follow the procedure of Section 139-A, Criminal Procedure Code before taking any further step in this matter.


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