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Musa Singh Vs. Gostha Behary Chatterjee - Court Judgment

LegalCrystal Citation
Subject Criminal
CourtKolkata
Decided On
Reported inAIR1929Cal657
AppellantMusa Singh
RespondentGostha Behary Chatterjee
Excerpt:
- order11. we have examined the record and perused the explanation submitted by the additional district magistrate and on the facts appearing therein there cannot be any doubt that the order of acquittal passed on 18th may 1928 must be set aside and the case against gostha behari chatterjee retried by a magistrate other than the magistrate who passed the orders in the first instance to be nominated by the district magistrate. the rule is accordingly made absolute.
Judgment:
ORDER

11. We have examined the record and perused the explanation submitted by the Additional District Magistrate and on the facts appearing therein there cannot be any doubt that the order of acquittal passed on 18th May 1928 must be set aside and the case against Gostha Behari Chatterjee retried by a Magistrate other than the Magistrate who passed the orders in the first instance to be nominated by the District Magistrate. The rule is accordingly made absolute.


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