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Jasir Khan Vs. Emperor on the Complaint of Hrishikesh Ghorni - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in56Ind.Cas.61
AppellantJasir Khan
RespondentEmperor on the Complaint of Hrishikesh Ghorni
Excerpt:
appeal, criminal - pleader appearing for accused without vakalatnama--procedure. - .....but having regard to the fact that the learned pleader appeared on behalf of the appellant, we think that the learned additional sessions judge might perhaps have adjourned the case until the vakalatnama was forthcoming. the result of what took plane was that the learned additional sessions judge heard the public prosecutor upon the evidence and the appellant had not the advantage of being represented by the learned pleader to whom he had in fast given instructions.3. consequently, we think that this rule must be made absolute and the appeal of jasir khan must be re-heard.
Judgment:

1. In this case we make the Rule absolute and direct that the appeal of Jasir Khan be re-heard. We are far from saying that the learned Additional Sessions Judge was wrong in refusing to hear the learned Pleader inasmuch as ha had not got any Vakalatnama.

2. But having regard to the fact that the learned Pleader appeared on behalf of the appellant, we think that the learned Additional Sessions Judge might perhaps have adjourned the case until the Vakalatnama was forthcoming. The result of what took plane was that the learned Additional Sessions Judge heard the Public Prosecutor upon the evidence and the appellant had not the advantage of being represented by the learned Pleader to whom he had in fast given instructions.

3. Consequently, we think that this Rule must be made absolute and the appeal of Jasir Khan must be re-heard.


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