Gujarat Court November 1962 Judgments
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The State of Gujarat Vs. Sama Kasam Sidhik and ors.
Court: Gujarat
Decided on: Nov-01-1962
Reported in: 1963CriLJ663; (1963)GLR490
ORDERV.B. Raju, J.1. The learned Sessions Judge of Kutch. has, made this reference stating that the orders passed by the Taluka Magistrate, Khavada, should be set aside. The learned Taluka Magistrate, Khavada, passed an order under Section 112, Cri.P.C. against five persons, and below that order he passed an order under Section 117 (3), Cri.P.C. The learned Sessions Judge feels that the learned Taluka Magistrate has no jurisdiction to pass an order under Section 117 (3), Cr.P.C. on the same sheet of paper as an order under Section 112, Cr.P.C. He also feels that the learned Taluka Magistrate has passed art interim order under Section 117 (3), Cr.P.C. merely requiring sureties and without requiring the execution of a bond. For this reason also the learned Sessions Judge feels that the order of the Taluka Magistrate is improper. The learned Sessions Judge also feels that the learned Taluka Magistrate has not given reasons for passing the order under Section 117 (3), Cr.P.C. For these thr...
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