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Sheikh Samir and ors. Vs. Beni Madhab Gope and anr. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported inAIR1923Cal644,75Ind.Cas.364
AppellantSheikh Samir and ors.
RespondentBeni Madhab Gope and anr.
Excerpt:
procedure - cross-cases--trial by one magistrate. - 1. on the facts stated in the letter of reference, we think it desirable that both the cases should, be tried by one magistrate, and the learned sessions judge's suggestion as to the order of trial accepted. we accordingly transfer the case in which sheikh samir is the complainant and beni madhab gope and another accused from the file of babu j.c., mazumdar, deputy magistrate of manikgunge, to the file of babu j. chakraverty, sub-deputy magistrate of manikgunge, and we also direct that the trial of the case in which judisthir gope is the complainant and samir sheikh and others accused be proceeded with and the proceedings in the case in which sheikh samir is the complainant be stayed until the disposal of the other case.
Judgment:

1. On the facts stated in the letter of reference, we think it desirable that both the cases should, be tried by one Magistrate, and the learned Sessions Judge's suggestion as to the order of trial accepted. We accordingly transfer the case in which Sheikh Samir is the complainant and Beni Madhab Gope and another accused from the file of Babu J.C., Mazumdar, Deputy Magistrate of Manikgunge, to the file of Babu J. Chakraverty, Sub-Deputy Magistrate of Manikgunge, and we also direct that the trial of the case in which Judisthir Gope is the complainant and Samir Sheikh and others accused be proceeded with and the proceedings in the case in which Sheikh Samir is the complainant be stayed until the disposal of the other case.


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