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Hamid Ali Vs. Sri Kissen GosaIn and anr. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Reported inAIR1925Cal574
AppellantHamid Ali
RespondentSri Kissen GosaIn and anr.
Excerpt:
- 2. we have no alternative buff to accept this reference in view of the recant rulings of this court. the finding and sentence must therefore be set aside and the trial resumed from the point where the court examined the accused person after the examination of the prosecution witnesses was concluded. we would impress on the learned magistrates the necessity for a strict observation of the provisions of the code of criminal procedure and where the terms of the code are perfectly clear there is no excuse whatever (for a deliberate disregard of them.
Judgment:

2. We have no alternative buff to accept this reference in view of the recant rulings of this Court. The finding and sentence must therefore be set aside and the trial resumed from the point where the Court examined the accused person after the examination of the prosecution witnesses was concluded. We would impress on the learned Magistrates the necessity for a strict observation of the provisions of the Code of Criminal Procedure and where the terms of the Code are perfectly clear there is no excuse whatever (for a deliberate disregard of them.


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