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Queen-empress Vs. Ishwar Chandra Sur - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in(1885)ILR11Cal13
AppellantQueen-empress
Respondentishwar Chandra Sur
Excerpt:
criminal procedure code - act x of 1882, sections 109, 110 and 112--security for good behaviour. - macpherson, j.1. we think the sessions judge is right and that the order must be set aside. the record does not show, and the magistrate in his explanation does not say, that the accused had an opportunity of entering upon his defence or of citing witnesses.2. it is, moreover, by no means clear that the accused knew whether the accusation which he bad to meet was one under section 109 or section 110 of the criminal procedure code.
Judgment:

Macpherson, J.

1. We think the Sessions Judge is right and that the order must be set aside. The record does not show, and the Magistrate in his explanation does not say, that the accused had an opportunity of entering upon his defence or of citing witnesses.

2. It is, moreover, by no means clear that the accused knew whether the accusation which he bad to meet was one under Section 109 or Section 110 of the Criminal Procedure Code.


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