Skip to content


Radha Kissen Goenka Vs. Fateh Chand Borah - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in59Ind.Cas.323
AppellantRadha Kissen Goenka
RespondentFateh Chand Borah
Excerpt:
criminal procedure code (act v of 1898), section 403 - plea of previous acquittal--magistrate, duty of. - 1. we make the rule absolute in these terms: in our opinion, the learned magistrate struck too early in deciding that, having regard to the provisions of section 403, criminal procedure code, the present prosecution could not be maintained. it is quite clear that the magistrate ought not to have arrived at such a conclusion until he had an investigation of the facts put forward on behalf of the complainant. the order of the learned magistrate must be set aside and the case remitted to his court for being disposed of according to law.
Judgment:

1. We make the Rule absolute in these terms: In our opinion, the learned Magistrate struck too early in deciding that, having regard to the provisions of Section 403, Criminal Procedure Code, the present prosecution could not be maintained. It is quite clear that the Magistrate ought not to have arrived at such a conclusion until he had an investigation of the facts put forward on behalf of the complainant. The order of the learned Magistrate must be set aside and the case remitted to his Court for being disposed of according to law.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //