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In Re: Dakshinamoorthi

Type Court Judgment Court Chennai Decided Dec 14, 1916
~1 min read
https://sooperkanoon.com/case/803665

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Citation
Court
Chennai
Judge
Decided On
Subject
Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal Procedure Code (Act V of 1898), Section 137 - Public nuisance--Procedure on appearance of person showing cause against order for removal of nuisance--Magistrate, duty of. -

Key legal issue
Criminal

Parties & Advocates

Appellant / Petitioner

In Re: Dakshinamoorthi

Legal References

Cases Referred
and Doraiswamy Mudaliar v. Sudarsana Chariar
Reported In
41Ind.Cas.672

Excerpt

criminal procedure code (act v of 1898), section 137 - public nuisance--procedure on appearance of person showing cause against order for removal of nuisance--magistrate, duty of. - orderspencer, j.1. the magistrate has not proceeded to enquire into this case of public nuisance in the manner provided by section 137 of the code of criminal procedure. on the appearance of the person showing cause against the order, the magistrate should proceed to take evidence in support of the order before the counter-petitioner is called upon to produce his evidence to meet it see hingu v. emperor 31 a. d 453 : 10 cri. l. j. 297. and doraiswamy mudaliar v. sudarsana chariar 27 ind. cas. 767 . in this case at the enquiry none but the defence witnesses were examined. the order does not satisfy the requirements of the section. i set it aside and refer the matter back to the magistrate to proceed according to law.

Full Judgment

ORDER

Spencer, J.

1. The Magistrate has not proceeded to enquire into this case of public nuisance in the manner provided by Section 137 of the Code of Criminal Procedure. On the appearance of the person showing cause against the order, the Magistrate should proceed to take evidence in support of the order before the counter-petitioner is called upon to produce his evidence to meet it see Hingu v. Emperor 31 A. D 453 : 10 CrI. L. J. 297. and Doraiswamy Mudaliar v. Sudarsana Chariar 27 Ind. Cas. 767 . In this case at the enquiry none but the defence witnesses were examined. The order does not satisfy the requirements of the section. I set it aside and refer the matter back to the Magistrate to proceed according to law.

Continue Your Research

Same Parties In Re: Dakshinamoorthi vs Same Subject Criminal Same Judge Spencer, J.
Criminal

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