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Kali Dassi Vs. Durga Charan Naik - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in(1893)ILR20Cal351
AppellantKali Dassi
RespondentDurga Charan Naik
Excerpt:
maintenance, order for - proceedings on application for maintenance--evidence, record of--summary trial--criminal procedure code (act x of 1882), sections 856 and 488. - prinsep and ghose, jj.1. proceedings under chapter xxxvi of the code of criminal procedure cannot be conducted as in a summary trial under chapter xxii. the evidence should be recorded as provided by section 355. it is therefore impossible to form any opinion on the proceedings of the magistrate or the correctness of his order. we observe that the magistrate in the explanation called for by the sessions judge states that 'in these simple and very common cases i do not record much of the evidence.' in this case he has recorded none at all. consequently a court of revision is unable to satisfy itself that the order is a proper order. the case must therefore be properly tried.
Judgment:

Prinsep and Ghose, JJ.

1. Proceedings under Chapter XXXVI of the Code of Criminal Procedure cannot be conducted as in a summary trial under Chapter XXII. The evidence should be recorded as provided by Section 355. It is therefore impossible to form any opinion on the proceedings of the Magistrate or the correctness of his order. We observe that the Magistrate in the explanation called for by the Sessions Judge states that 'in these simple and very common cases I do not record much of the evidence.' In this case he has recorded none at all. Consequently a Court of revision is unable to satisfy itself that the order is a proper order. The case must therefore be properly tried.


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