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SirajaddIn Kazi Vs. Sergeant H. Jenner - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Reported inAIR1929Cal776
AppellantSirajaddIn Kazi
RespondentSergeant H. Jenner
Excerpt:
- .....of the road without warning : thereby causing another bus which was behind to dash against it. the magistrate proposed to try this case upon the question of negligent driving. this incident happened on 22nd october 1928, and the magistrate proposed to try the case sometime in may 1929. a case like this ought to have been tried within a week. instead of that it was proposed to be heard months afterwards when the accused and his witnesses might be entirely unable to reconstruct their recollection as to what had happened. in this case it appears that on 1st december 1928 the magistrate ordered that the case should be tried on 17th december. on 17th december the petitioner appeared in court with his witnesses but neither the complainant nor his witnesses were present. consequently the matter.....
Judgment:

Rankin, C.J.

1. In this case it is alleged that the applicant was driving a motor bus at 10-45 a. m. on 22nd October 1928 in Chowringhee Road and that he stopped the bus too suddenly in the centre of the road without warning : thereby causing another bus which was behind to dash against it. The Magistrate proposed to try this case upon the question of negligent driving. This incident happened on 22nd October 1928, and the Magistrate proposed to try the case sometime in May 1929. A case like this ought to have been tried within a week. Instead of that it was proposed to be heard months afterwards when the accused and his witnesses might be entirely unable to reconstruct their recollection as to what had happened. In this case it appears that on 1st December 1928 the Magistrate ordered that the case should be tried on 17th December. On 17th December the petitioner appeared in Court with his witnesses but neither the complainant nor his witnesses were present. Consequently the matter seems to have been adjourned sine die. Witnesses at that late stage could not be traced and the Magistrate's order was ' takid.' The petitioner was again served with summonses, the idea being that the police had revived the case. It appears to me that such proceedings are most lamentable proceedings. In our opinion these proceedings must be quashed and the order complained of must be set aside.

2. The Rule is made absolute.

Patterson, J.

3. I agree.


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