Allahabad Court June 1934 Judgments
Syam Behari Vs. Emperor
Court: Allahabad
Decided on: Jun-11-1934
Reported in: AIR1934All987a; 153Ind.Cas.146
ORDERBajpai, J.1. For the reasons given by the learned Sessions Judge in his referring order I accept his recommendation. It appears that a Magistrate who issued a warrant for the search of premises where gambling was reputed to take place also tried the case subsequently. It has been held in the case of Raja Ram v. Emperor 1924 Lah. 247, that an accused is materially prejudiced by the trial of the case by the very Magistrate who had issued the warrant. It is a matter of great importance in a case under the Gambling Act, that the issue of the warrant should be legal and regular and very often pleas on the illegality or the irregularity of the warrant are taken and sometimes it may be necessary to examine the Magistrate who issued the warrant. It is not desirable that that very Magistrate should try the case ultimately. I am therefore of the opinion the conviction cannot stand. I was then asked by the learned A.G.A., that I should order a retrial. The accused were only fined Rs. 10 and ...
Tag this Judgment!Lachhman Chamar Vs. Emperor
Court: Allahabad
Decided on: Jun-08-1934
Reported in: AIR1934All988; 153Ind.Cas.153
ORDERBajpai, J.1. The jail appeal filed by Lachhman Chamar was dismissed summarily on 3rd February 1934, by the learned Sessions Judge. Another petition of appeal was filed on his behalf through counsel and this was transferred to the Court of the Second Additional Sessions Judge, When the appeal filed by counsel came up for hearing before the Second Additional Sessions Judge, he was apprised of the summary rejection of the jail appeal by the Sessions Judge on 3rd February 1934. The proviso to Section 421, Criminal P.C. says that no appeal is to be dismissed unless the appellant or his pleader has had a reasonable opportunity of being heard in Court. In the present case the appeal which was dismissed was filed from jail under Section 420, and the proviso to Section 421, Criminal P.C., does not strictly apply to such an appeal. But another appeal was filed by learned Counsel and to this appeal the proviso applies.2. The dismissal of the jail appeal must be deemed to be a provisional dis...
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