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Sahadat Khan Vs. Taijaddi Sheikh - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in52Ind.Cas.608
AppellantSahadat Khan
RespondentTaijaddi Sheikh
Excerpt:
criminal procedure code (act v of 1898), sections 145, 439 - order under section 145 without taking evidence, legality of--jurisdiction of magistrate--revision. - 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, code of criminal procedure, 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 farther proceedings because that lies outside the scope of our functions.
Judgment:

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, Code of Criminal Procedure, 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 farther proceedings because that lies outside the scope of our functions.


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