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Sahadat Khan Vs. Taijuddi Sheikh - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in(1919)ILR46Cal1056
AppellantSahadat Khan
RespondentTaijuddi Sheikh
Excerpt:
- walmsley and shams-ul-huda, jj.1. the ground on which this rule was issued was that the learned magistrate had. acted without jurisdiction in passing the order under section 145 of the criminal procedure code without taking any evidence whatever. the explanation submitted by the magistrate and the affidavit filed by the opposite party do not afford sufficient justification for the order. the magistrate was doubtless invited to go to the spot. but that invitation did not mean that he was to dispose of the case without recording any evidence whatever. we think in this case that the magistrate acted without jurisdiction, and the order must be set aside. we make no order as to any further proceedings because that lies outside the scope of our functions.
Judgment:

Walmsley and Shams-ul-Huda, JJ.

1. The ground on which this Rule was issued was that the learned Magistrate had. acted without jurisdiction in passing the order under Section 145 of the Criminal Procedure Code without taking any evidence whatever. The explanation submitted by the Magistrate and the affidavit filed by the opposite party do not afford sufficient justification for the order. The Magistrate was doubtless invited to go to the spot. But that invitation did not mean that he was to dispose of the case without recording any evidence whatever. We think in this case that the Magistrate acted without jurisdiction, and the order must be set aside. We make no order as to any further proceedings because that lies outside the scope of our functions.


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