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Sita Nath Bhagat and ors. Vs. Ramkishore Mondal and anr. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported inAIR1922Cal280,69Ind.Cas.272
AppellantSita Nath Bhagat and ors.
RespondentRamkishore Mondal and anr.
Excerpt:
criminal procedure code (act v of 1898), sections 145, 146(1) - order of attachment passed without examining witnesses present in court, legality of. - walmsley, j.1. i think this rule must be made absolute on the ground on which it was issued. on the 28th june last before, the learned magistrate disposed of the case, a hajira was filed showing that thirteen witnesses were present in court to give evidence on behalf of the second party. none of them, however, was 'examined. there is nothing on the record to suggest, that' it was at the wish, of the second party that the witnesses were not examined.2. in my opinion, the rule must be mads absolute and the order passed under section 143, clause (1), criminal procedure code, must be set aside and the learned magistrate, after hearing the witnesses produced by the second party must dispose of the case in accordance with law.suhrawardy, j.3. i agree.
Judgment:

Walmsley, J.

1. I think this Rule must be made absolute on the ground on Which it was issued. On the 28th June last before, the learned Magistrate disposed of the case, a Hajira was filed showing that thirteen witnesses were present in Court to give evidence on behalf of the second party. None of them, however, was 'examined. There is nothing on the record to suggest, that' it was at the wish, of the second party that the witnesses were not examined.

2. In my opinion, the Rule must be mads absolute and the order passed under Section 143, Clause (1), Criminal Procedure Code, must be set aside and the learned Magistrate, after hearing the witnesses produced by the second party must dispose of the case in accordance with law.

Suhrawardy, J.

3. I agree.


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