Guwahati Court January 1950 Judgments
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Sri Ram Saran Kashyap Vs. the King
Court: Guwahati
Decided on: Jan-24-1950
Thadani, C.J.1. This is an application under the provisions of Section 526, Criminal P.C. praying for the transfer of Case no. C. Rule 10 of 1919 pending in the Court of the Magistrate, 1st Class, Kohima, Naga Hills, against one Sri Ram Saran Kashyap Under Section 420, Penal Code.2. The case is sought to be transferred on the ground of the convenience of the parties. It is stated in the petition that the accused resides in Calcutta; the journey from Calcutta to Kohima is a long and troublesome one and requires frequent changes and takes several days; that of the 10 prosecution witnesses, 6 reside in Calcutta, 3 in Shillong, and the remaining witness in New Delhi.3. We bad occasion to consider the question of transfer of a criminal case ponding before a Magistrate of Kohima in the Naga Hills District in the case of one Krishna Prasanna chakravarty. In our judgment, which is reported In Krishna Prasanna v. Jan Mohammad A.I.R. (36) 1949 Assam 69 : 61 cr. L.J. 147, we observed:The Governo...
Md. Shamsher Ali Vs. Abdul Muzaffar
Court: Guwahati
Decided on: Jan-09-1950
Thadani, C.J.1. This is a reference made by the learned District Magistrate, Goalpara, in a case filed by one Md. Shamsher Ali Sarkar against one Abdul Mazaffar Hussain, under Section 407, Penal Code in the Court of Mr. S. K, Bhattacharjee, Senior Extra Assistant Commissioner, Goalpara, who acquitted the accused Abdul Muzaffar Hussain on 19-2-49 by his order which is in these terms:Accused is not available as he is reported to have left for Pakistan and he Is not available. Under the circumstances, accused is acquitted. 2. The learned District Magistrate points out that as far back as 21-1-1948, the trying Magistrate framed a charge against the accused under Section 407, Penal Code, and that the absence of the accused on 19-2-49 and dates prior thereto was not a ground for acquitting him. The learned District Magistrate rightly points out that it was the duty of the trying Magistrate to have taken all necessary steps to secure the attendance of the accused by resorting to the appropri...
Abdul Majid Vs. Golak Chandra
Court: Guwahati
Decided on: Jan-06-1950
Ram Labhaya, J.1. The petitioner in this case was eon-victed by the Magistrate, 1st Clasa, Nowgocg, Under Section 411, Penal Code. He was sentenced to pay a fine of rs. so and in default to undergo rigorous imprisonment for two months, His petition of revision was dismissed by the learned Sessions Judge. He has now petitioned to this Court for interference.2. The facts leading to this revision petition are that the complainant who had purchased a mare from one Eatitam found it miaeing in the month of Magh. On 22nd April 1947 he informed the police about its disappearance. On 11th August 1947 he found that the mare waa in the possession of Abdul Majid, petitioner. He again lodged an ejahar with the police and later riled a complaint in the Court of the Magistrate. The complaint was against Abdul M&jid; and Forman Saikh from whom, it was alleged, Abdul Majid had purchased the mare. At the trial the defence pat forward was that Forman Sheikh had purchased the mare from the village Goanbu...
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