The State Vs. Ram Abatar Roy

The State vs Ram Abatar Roy

Disposition Reference rejected Court Kolkata Decided May 20, 1958

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Citation: sooperkanoon.com/865505
Court: Kolkata High Court
Judge: J.P. Mitter and ;Bhattacharya, JJ.
Decided On: May 20, 1958
Case Number: Criminal Ref. 55 of 1956
Subject: Criminal
Disposition: Reference rejected

Case Summary

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

Key legal issue: Criminal
Outcome / disposition: Reference rejected
Acts & sections: Code of Criminal Procedure (CrPC) , 1898 - Section 438

Parties & Advocates

Appellant / Petitioner

The State

Advocate Sambhunath Banerjee, Adv.

Respondent

Ram Abatar Roy

Advocate Kali Mohan Chakrabarty, Adv.

Legal References

Acts: Code of Criminal Procedure (CrPC) , 1898 - Section 438
Cases Referred: and Hiraman De v. Ram Kumar Ain.
Reported In: AIR1960Cal451,1960CriLJ899

Excerpt

- j.p. mitter, j.1. this is a reference under section 438 of the code of criminal procedure made by the learned additional district magistrate of 24-parganas recommending that an order of a learned assistant sessions judge at alipore be set aside.2. mr. kali mohan chakrabarty appearing ob behalf of the opposite party contends that this reference is incompetent, because so far as the additional district magistrate is concerned, the court of an assistant sessions judge is not an inferior criminal court. this contention appears to us to be unanswerable and is supported by queen empress v. karamdi. ilr 23 cal 250, and hiraman de v. ram kumar ain. ilr 18 cal 186. we must accordingly reject the reference and leave it to the state to take such steps as it may be advised to set aside the order of the learned assistant sessions judge.bhattacharya, j.3. i agree.

Full Judgment

J.P. Mitter, J.

1. This is a Reference under Section 438 of the Code of Criminal Procedure made by the learned Additional District Magistrate of 24-Parganas recommending that an order of a learned Assistant Sessions Judge at Alipore be set aside.

2. Mr. Kali Mohan Chakrabarty appearing OB behalf of the opposite party contends that this Reference is incompetent, because so far as the Additional District Magistrate is concerned, the court of an Assistant Sessions Judge is not an inferior criminal court. This contention appears to us to be unanswerable and is supported by Queen Empress v. Karamdi. ILR 23 Cal 250, and Hiraman De v. Ram Kumar Ain. ILR 18 Cal 186. We must accordingly reject the Reference and leave it to the State to take such steps as it may be advised to set aside the order of the learned Assistant Sessions Judge.

Bhattacharya, J.

3. I agree.

Same Parties The State vs Ram Abatar Roy Same Subject Criminal Same Judge J.P. Mitter and ;Bhattacharya, JJ. Acts & Sections Code of Criminal Procedure (CrPC) , 1898 - Section 438

Criminal