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Durga Charan Das Vs. Sashi Bhusan Guho and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in(1886)ILR13Cal275
AppellantDurga Charan Das
RespondentSashi Bhusan Guho and ors.
Excerpt:
criminal procedure code, section 138 - public way--nuisance--removal of obstruction--jury--majority of jury. - .....at the same time the magistrate is competent to act under section 141 and pass such orders as he may think fit. and as matters now stand, we think that we may take the order before us as one so passed on the further materials supplied by the parties.2. we find no valid objection to the order regarding the 'char' or bamboo bridge over the ditch. the petitioner has been found to have removed it, and its removal is an obstruction to the passage hitherto enjoyed. we accordingly decline to interfere.
Judgment:

Prinsep and Beverley, JJ.

1. The majority of the jury contemplated by Section 139 of the Code of Criminal Procedure is, in our opinion, a majority of the jurors appointed, arrived at after due deliberation amongst themselves. In the present case the majority consists of the only jurors who took the trouble to attend the meetings held. The report so submitted cannot therefore be regarded as a finding of the majority of the jurors under Section 139 on which the Magistrate can act. But at the same time the Magistrate is competent to act under Section 141 and pass such orders as he may think fit. And as matters now stand, we think that we may take the order before us as one so passed on the further materials supplied by the parties.

2. We find no valid objection to the order regarding the 'char' or bamboo bridge over the ditch. The petitioner has been found to have removed it, and its removal is an obstruction to the passage hitherto enjoyed. We accordingly decline to interfere.


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