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Sheikh Rahimmaddi Vs. Emperor at the Prosecution of Dwarka Nath Basistha - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in61Ind.Cas.173
AppellantSheikh Rahimmaddi
RespondentEmperor at the Prosecution of Dwarka Nath Basistha
Excerpt:
criminal procedure code (act v of 1898), section 421 - appeal, when should not be summarily dismissed. - 1. this is a rule calling upon the district magistrate of dacca to show cause why the appeal heard by the additional district magistrate should not be re-heard.2. no one appears to show cause, but the trying magistrate has sent up an explanation.3. the only order passed on appeal runs as follows: 'heard pleader, appeal summarily dismissed.'4. the learned magistrate says in his letter that, 'there is nothing in section 421 which requires the appellate court to assign reasons for dismissing appeals summarily, it is sufficient if it thinks that there is no sufficient ground for interfering'.5. it appears, however, that there were disputed questions of fact in this case. a large number of witnesses were examined on both sides upon the question of possession and there were a large number of.....
Judgment:

1. This is a Rule calling upon the District Magistrate of Dacca to show cause why the appeal heard by the Additional District Magistrate should not be re-heard.

2. No one appears to show cause, but the Trying Magistrate has sent up an explanation.

3. The only order passed on appeal runs as follows: 'Heard Pleader, Appeal summarily dismissed.'

4. The learned Magistrate says in his letter that, 'there is nothing in Section 421 which requires the Appellate Court to assign reasons for dismissing appeals summarily, it is sufficient if it thinks that there is no sufficient ground for interfering'.

5. It appears, however, that there were disputed questions of fact in this case. A large number of witnesses were examined on both sides upon the question of possession and there were a large number of documents also. The Court of first instance discussed the evidence and came to certain findings. In these circumstance, we think that the appeal should not have been summarily dismissed without sending for the record.

6. The order complained of (i.e., the order dismissing the appeal) must, therefore, be set aside and the sage sent bask for rehearing the appeal.

7. The appeal will be heard by some other Magistrate at Dacca empowered to hear appeals.


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