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Eseruddi Howaldar and ors. Vs. Otaruddi Akon and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Reported inAIR1925Cal1234
AppellantEseruddi Howaldar and ors.
RespondentOtaruddi Akon and ors.
Excerpt:
- .....that he should refer the case to this court for setting aside the trying magistrate's order. the learned additional district magistrate, instead of referring the case to this court, set, aside the decision of the lower court and sent the case back with directions to the learned magistrate to hear the evidence of both parties and to try to determine the question of possession in accordance with law.4. it is conceded by the learned pleader, who appears on behalf of the first party, that this order cannot stand and that it ought to be set aside.5. accordingly, the rule is made absolute and the order of the additional district magistrate passed on the 16th of december 1924, setting aside the order of the honorary magistrate passed on the 15th of november 1924, is set aside, with the result.....
Judgment:

1. We make this Rule absolute.

2. In the ease proceedings were instituted under the provisions of Section 145 of the Criminal P.C., and the Honorary Magistrate to whom the case was made over disposed of it in favour of the second party.

3. The first party then made an application to the Additional District Magistrate with the prayer that he should refer the case to this Court for setting aside the trying Magistrate's order. The learned Additional District Magistrate, instead of referring the case to this Court, set, aside the decision of the lower Court and sent the case back with directions to the learned Magistrate to hear the evidence of both parties and to try to determine the question of possession in accordance with law.

4. It is conceded by the learned pleader, who appears on behalf of the first party, that this order cannot stand and that it ought to be set aside.

5. Accordingly, the Rule is made absolute and the order of the Additional District Magistrate passed on the 16th of December 1924, setting aside the order of the Honorary Magistrate passed on the 15th of November 1924, is set aside, with the result that the latter order, the one passed by the Honorary Magistrate, stands.

6. With regard to the death of Sonamuddi Bepari, Opposite Party No. 4, it took place after the order passed by the Honorary Magistrate: and, with regard to the application for substitution it is lot necessary for us to pass any order.


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