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Purna Chandra De Vs. Ambika Charan Adhikari and ors. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported inAIR1919Cal25(1),53Ind.Cas.624
AppellantPurna Chandra De
RespondentAmbika Charan Adhikari and ors.
Excerpt:
criminal procedure code (act v of 1898), section 203, 437 - dismissal of complaint on report of panchayat without hearing complainant--further enquiry, whether can be directed. - .....dismissed the complaint without giving the complainant an opportunity of being heard. in dismissing the complaint the sub divisional magistrate refers only to the charge of assault and says nothing about the alleged theft of bamboos.3. in the circumstances we are of opinion that further enquiry should be made into this complaint and we direct accordingly.
Judgment:

1. This is a Rule to show cause why further enquiry should not be made into the complaint filed by the petitioner.

2. It appears that the petitioner had charged certain persons not only with assaulting some of his boatmen but also with theft of two chalis of bamboos. We are informed that the value of these bamboos is Rs. 1,000. The Sub-Divisional Magistrate after hearing the complainant sent the case to the local panchayat for investigation and report. The panchayat submitted a report which is among the papers before us. Apparently, on receipt of this report, the Sub Divisional Magistrate dismissed the complaint without giving the complainant an opportunity of being heard. In dismissing the complaint the Sub Divisional Magistrate refers only to the charge of assault and says nothing about the alleged theft of bamboos.

3. In the circumstances we are of opinion that further enquiry should be made into this complaint and we direct accordingly.


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