Court : Guwahati
Decided on : Apr-16-1970
r.s. bindra, j.c.1. this reference under section 438, criminal p.c. by shri p. n. roy, the additional sessions judge, manipur, covers two -criminal revision cases nos. 1 and 2 of 1969 arising out of two proceedings under section 145, criminal p.c. dealt with by the sub-divisional magistrate, bishenpur, in two separate orders, each dated 10-12-1968. practically speaking, only two points wore urged before shri p. n. roy, namely. (1) that notice of the proceedings had not been served on all the parties concerned and so the proceedings stood vitiated, and (2) that the sub-divisional magistrate had not perused the written statements, affidavits and documents filed by the contestants and so his conclusion lacked validity. the learned additional sessions judge recorded the finding, while discussing the first point, that the notice of the proceedings had actually been not served on all the parties concerned and on that basis expressed the view that the proceedings stood vitiated. he found no substance in the second objection inasmuch as, it was held, the sub-divisional magistrate had digested all the material on record before giving his final orders in the two cases. the precise recommendation made by him as a consequence of these conclusions was that orders in both the proceedings should be quashed and the cases remanded to the sub-divisional magistrate for fresh decision after serving notices on all the parties concerned.2. shri a. nilamani singh, representing the defeated party, .....Tag this Judgment!