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Baishnav Charan Das and ors. Vs. Emperor - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported inAIR1924Cal537,72Ind.Cas.71
AppellantBaishnav Charan Das and ors.
RespondentEmperor
Excerpt:
criminal procedure code (act v of 1898), section 367 - judgment of criminal court, contents of--appellate court, duty of. - .....passed directing that the appeal be re-heard. the learned magistrate might have dismissed the appeal summarily. had he done so, it might have been impossible to criticise his action. he did not, however, dismiss it summarily. he gave a hearing to the pleaders of the parties and wrote a judgment and all he said was that he was satisfied that the judgment of the trial court was substantially right. such a judgment is not in accordance with the provisions contained in section 367, criminal procedure code, and on looking at the contents of the first court's judgment, i think it is most inadequate. the result is, that the rule is made absolute, the judgment of the lower appellate court is set aside and the case is remitted to that court to be heard afresh and disposed of in accordance.....
Judgment:

1. This Rule was issued upon the Deputy Commissioner of Sylhet calling upon him to show cause why the judgment of the Additional District Magistrate on appeal should not be set aside, and an order passed directing that the appeal be re-heard. The learned Magistrate might have dismissed the appeal summarily. Had he done so, it might have been impossible to criticise his action. He did not, however, dismiss it summarily. He gave a hearing to the Pleaders of the parties and wrote a judgment and all he said was that he was satisfied that the judgment of the Trial Court was substantially right. Such a judgment is not in accordance with the provisions contained in Section 367, Criminal Procedure Code, and on looking at the contents of the first Court's judgment, I think it is most inadequate. The result is, that the Rule is made absolute, the judgment of the lower Appellate Court is set aside and the case is remitted to that Court to be heard afresh and disposed of in accordance with law.

Chotzner, J.

2. I agree.


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