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Gogan Howladar Vs. Karimaddi Chawkidar and ors. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in65Ind.Cas.855
AppellantGogan Howladar
RespondentKarimaddi Chawkidar and ors.
Excerpt:
criminal procedure code (act v of 1888), section 145 - final order--no evidence on record. - .....in respect of a tract of land measuring some 43 bighas. the final order has been made by the trial magistrate on the basis of a local enquiry of which we have no note or memorandum, and on the basis further, of a judgment in a case made under section 448, indian penal code, instituted on the complaint of one sajoo bibi, the wife of hasnuddi, against karimaddi chaukidar and dholai howladar who appear to be members of the second party. the final order is thus it appears based upon no evidence and must, therefore, be set aside. the proceedings will now be re-opened at the stage reached on the 10th february 1921 and the matter heard and disposed of in accordance with law.2. the sub divisional magistrate who made the final order, we learn from the explanation submitted by the district.....
Judgment:

1. In this case proceedings under Section 145 of the Code of Criminal Procedure were initiated in respect of a tract of land measuring some 43 bighas. The final order has been made by the Trial Magistrate on the basis of a local enquiry of which we have no note or memorandum, and on the basis further, of a judgment in a case made under Section 448, Indian Penal Code, instituted on the complaint of one Sajoo Bibi, the wife of Hasnuddi, against Karimaddi Chaukidar and Dholai Howladar who appear to be members of the second party. The final order is thus it appears based upon no evidence and must, therefore, be set aside. The proceedings will now be re-opened at the stage reached on the 10th February 1921 and the matter heard and disposed of in accordance with law.

2. The Sub Divisional Magistrate who made the final order, we learn from the explanation submitted by the District Magistrate, has been transferred from the Sub division in question. There is nothing, therefore, to prevent the further trial now directed from taking place in the Court of the officer now holding the position of the Sub-Divisional Magistrate.


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