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Sakhayat Ali Munshi and ors. Vs. Alhadi Hazi and ors. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in43Ind.Cas.332
AppellantSakhayat Ali Munshi and ors.
RespondentAlhadi Hazi and ors.
Excerpt:
criminal procedure cods (act v of 1898), section 145, order under, without giving opportunity to parties to adduce evidence, legality of. - .....on the ground that the trying magistrate had not given the petitioners, or indeed either party, any opportunity of adducing oral evidence in support of the possession which they claimed. that this ground is well founded is apparent 'from the order sheet of the case and also from the ill-advised explanation which the sub-divisional magistrate has submitted. he says: 'i have learnt from painful experience that evidence as to possession of land is one of the most fruitful sources of perjury. i did my best to avoid examining witnesses intentionally, as i knew that i should not be able to rely on the statements of either party's supporters.' but it should be obvious to any judicial officer that proceedings in court are not to be determined on such a priori grounds and preconceived.....
Judgment:

1. In this Rule the District Magistrate of Dacca has been called upon to show cause why an order made under the provisions of Section 145, Criminal Procedure Code, in favour of the first party in a proceeding taken under the said section should not be set aside practically on the ground that the Trying Magistrate had not given the petitioners, or indeed either party, any opportunity of adducing oral evidence in support of the possession which they claimed. That this ground is well founded is apparent 'from the order sheet of the case and also from the ill-advised explanation which the Sub-Divisional Magistrate has submitted. He says: 'I have learnt from painful experience that evidence as to possession of land is one of the most fruitful sources of perjury. I did my best to avoid examining witnesses intentionally, as I knew that I should not be able to rely on the statements of either party's supporters.' But it should be obvious to any Judicial Officer that proceedings in Court are not to be determined on such a priori grounds and preconceived notions. The cardinal principle is that in such proceedings both parties must be given an opportunity of adducing such evidence at they are advised to give. It follows that the order complained of must be set aside.

2. We, therefore, make this Rule absolute. But we may remark that it will, of course, be open to the District Authorities to take such further action in the interest of the maintenance of the peace as to them may seem necessary.


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