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Bhuban Chandra Hazra Vs. Nibaran Chandra Santra and anr. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported inAIR1922Cal382,62Ind.Cas.323
AppellantBhuban Chandra Hazra
RespondentNibaran Chandra Santra and anr.
Cases ReferredKalu Mirza v. Emperor
Excerpt:
criminal procedure code (act v of i898), sections 145, 366, 867 - proceeding under section, 145--final order-reasons for decision not set out, effect of stating reasons. - .....his decision.2. it is contended on behalf of the opposite-party that sections 366 and 167 of the code of criminal procedure do not in terms apply to proceeding under section 145, and in support of this contention reference has been made to the case reported as kalu mirza v. emperor 5 ind cas. 29 : 37 c. 91 : 14 c.w.n 49 : 11 cr. l.j 23. whether the sections cited do or do hot apply to proceedings under section 145, criminal procedure code, we have no doubt that we are entitled to require from trial magistrate a statement of the reasons for his decision sufficient to enable as to determine whether he has or has not complied with sub section (4) of section 145, criminal procedure code, and directed his mind to the consideration of the effect of the evidence adduced before him, without.....
Judgment:

1. This Rule arises out of proceedings taken under the provisions of Section 145, Criminal Procedure Code. The Rule was issued because it appeared to the Court that in his final order the Trial Magistrate did not sufficiently get out the reasons which had led him to his decision.

2. It is contended on behalf of the opposite-party that Sections 366 and 167 of the Code of Criminal Procedure do not in terms apply to proceeding under Section 145, and in support of this contention reference has been made to the case reported as Kalu Mirza v. Emperor 5 Ind Cas. 29 : 37 C. 91 : 14 C.W.N 49 : 11 Cr. L.J 23. Whether the Sections cited do or do hot apply to proceedings under Section 145, Criminal Procedure Code, we have no doubt that we are entitled to require from Trial Magistrate a statement of the reasons for his decision sufficient to enable as to determine whether he has or has not complied with sub Section (4) of Section 145, Criminal Procedure Code, and directed his mind to the consideration of the effect of the evidence adduced before him, Without such statement of reasons it is impossible for us to determine whether the Magistrate in making his final order has acted within or without his jurisdiction. The statement of reasons in the present ease, which is merely to this effect, that five witnesses had been examined, that the learned Pleaders had bean heard and that the oral and documentary evidence of both parties had been considered in the light of the arguments addressed to the Court, is of a stereotyped nature applicable to any and every case and obviously does not enable as to understand what in fast the evidence was or to say that the mind of the Trying Magistrate had been properly and sufficiently directed to its consideration.

3. We, therefore, set aside the final order made by the Magistrate on the 20th January and direct that the case be re opened at the point reached on that date and that after hearing the parties afresh, and after recording a statement of the reasons for his decision such as we have already indicted the learned Magistrate do dispose of the matter in accordance with law.


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