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Annakali Debi and ors. Vs. Gyanendra Chakravarty - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Reported inAIR1938Cal22,173Ind.Cas.318
AppellantAnnakali Debi and ors.
RespondentGyanendra Chakravarty
Excerpt:
- henderson j.1. these rules were issued on a highly technical point which merely amounts to this. the form of the learned judge's order was not correct. he should have left it to the magistrate to select the particular form of enquiry instead of directing him categorically to issue a summons against the petitioner. we think that this technical ground is correct; but if the magistrate in the exercise of his own discretion chooses to issue a summons immediately instead of wasting time over a possibly useless enquiry, he is quite at liberty to do so. we therefore make these rules absolute and direct that the order of the sessions judge be modified and direct the magistrate to make a further enquiry.cunliffe, j.2. i agree.
Judgment:

Henderson J.

1. These Rules were issued on a highly technical point which merely amounts to this. The form of the learned Judge's order was not correct. He should have left it to the Magistrate to select the particular form of enquiry instead of directing him categorically to issue a summons against the petitioner. We think that this technical ground is correct; but if the Magistrate in the exercise of his own discretion chooses to issue a summons immediately instead of wasting time over a possibly useless enquiry, he is quite at liberty to do so. We therefore make these Rules absolute and direct that the order of the Sessions Judge be modified and direct the Magistrate to make a further enquiry.

Cunliffe, J.

2. I agree.


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