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Probodh Kumar Datta Vs. Mohim Chandra Roy - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in61Ind.Cas.1008
AppellantProbodh Kumar Datta
RespondentMohim Chandra Roy
Excerpt:
criminal procedure code (act v of 1898), chapter xviii - criminal trial--charges of offence triable by court of session combined with offence not so triable--procedure. - .....of the bale a vakil of this court, mr. narendra kumar bose, and in opposition to the bale we have heard the accused in person. the charges that have been framed against the accused are, one charging him with misappropriation or breach of trust in respect of a sum of rs. 943-1-9, and the second head of charge is one charging him with dishonestly using as genuine a forged document, which purports to be a receipt or acquaintance, for the aforesaid sum of rs. 943-1-9. this second charge, which is one under section 471 read with section 467 of the code, is clearly triable only by the court of session. if the case is to go to the sessions court, it is clear that it should go there as a whole. we must, therefore, look upon these charges as charges improperly framed and we, therefore, direct.....
Judgment:

1. In this case we have heard in support of the Bale a Vakil of this Court, Mr. Narendra Kumar Bose, and in opposition to the Bale we have heard the accused in person. The charges that have been framed against the accused are, one charging him with misappropriation or breach of trust in respect of a sum of Rs. 943-1-9, and the second head of charge is one charging him with dishonestly using as genuine a forged document, which purports to be a receipt or acquaintance, for the aforesaid sum of Rs. 943-1-9. This second charge, which is one under Section 471 read with Section 467 of the Code, is clearly triable only by the Court of Session. If the case is to go to the Sessions Court, it is clear that it should go there as a whole. We must, therefore, look upon these charges as charges improperly framed and we, therefore, direct that these charges be cancelled and that the learned Presidency Magistrate do now proceed in the manner provided in Chapter XVIII of the Code of Criminal Procedure, inter alia, giving to the accused an opportunity of cross-examining the prosecution witnesses, who have been already examined, as he now desires to do.

2. In these terms this Rule is made absolute.


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