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Ram Sunder De Vs. Rajab Ali and anr. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in(1885)ILR12Cal558
AppellantRam Sunder De
RespondentRajab Ali and anr.
Excerpt:
bench of magistrates--order irregularly made--hearing of part of case by one bench and decision by another. - mcdonell and beverley, jj.1. without going into the question whether or not any criminal offence has been committed, we think that the order of the bench acquitting the accused must be set aside on the ground that no member of that bench was a member of the bench which heard the evidence for the prosecution in the case. the trial was a summary one in which the evidence is not recorded at any length, and it was, therefore, the more necessary that the case should have been disposed of by one or more magistrates before whom the witnesses had been examined. we accordingly set aside the order of dismissal, and direct that the matter be tried de novo, or, if possible, disposed of by a bench of whom one or more of the magistrates who heard the evidence for the prosecutions shall be members.
Judgment:

McDonell and Beverley, JJ.

1. Without going into the question whether or not any criminal offence has been committed, we think that the order of the Bench acquitting the accused must be set aside on the ground that no member of that Bench was a member of the Bench which heard the evidence for the prosecution in the case. The trial was a summary one in which the evidence is not recorded at any length, and it was, therefore, the more necessary that the case should have been disposed of by one or more Magistrates before whom the witnesses had been examined. We accordingly set aside the order of dismissal, and direct that the matter be tried de novo, or, if possible, disposed of by a Bench of whom one or more of the Magistrates who heard the evidence for the prosecutions shall be members.


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