Guwahati Court December 1954 Judgments
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N.C. Bose Vs. Probodh Dutta Gupta
Court: Guwahati
Decided on: Dec-23-1954
Ram Labhaya, J.1. This is a petition for transfer of a G. R. Case-No. 5/52, pending in the Court of Mr. S. Sarkar Magistrate, 1st Class, Gauhati. Mr. N. C. Bose,. Manager of tile United Jiauk of India is the petitioner beiore us. fie reported to the police that Probodn Dutta Gupta, accused (opposite party) had by fraud and manipulation of accounts committed criminal breach of trust in respect of a sum of Us. 11,816/- belonging to die bank. Alter investigation the accused was chargesiiueted for offences, Under Sections 409 and 477A, Penal Code. The case has dragged on a weakly existence for about two' years.2. The petitioner's case is that he was being,, cross-examined by the Advocate for the defence On 17-7-1953. During the course of the cross-examination, the learned Magistrate addressing the-deieuce counsel said: 'Do not expose him Mr., Choudhury'. The petitioner asserts that the remarks insinuated that he was in complicity with the accused in the commission of the crime, though the...
Parakinkar Chakma Vs. State of Tripura
Court: Guwahati
Decided on: Dec-16-1954
Brij Narain, J.C.1. Parakinkar Chakma appellant has been convicted by the learned Sessions Judge, Tripura Under Section 325 read with Section 149. IPC and Under Section 365, IPC and has been sentenced to a period of 2 years' R. I. under each count and both these sentences have been ordered to run concurrently. The appellant was further charged Under Section 395, IPC but he has been acquitted of the offence under that section 22 other accused had stood their trial along with appellant before the learned Sessions Judge in Sessions Trial No. 4 of 1954 but all of them were acquitted by the learned Sessions Judge on 26-7-1954. A number of other persons were also implicated in connection with the offences in question before the police but some of them were discharged by the police and as against other final report was ultimately submitted.2. The facts of the case as alleged by the prosecution are that Rajani Mohan Bidyaratna P.W. 1 came to India after partition in the first part of the 1948...
U. Ram Lato Vs. the State
Court: Guwahati
Decided on: Dec-06-1954
Ram Labhaya, J.1. U Ram Lato (petitioner) has invoked the jurisdiction of this Court under Sections 439 and 561A of the Code of Criminal Procedure for obtaining an order quashing a complaint filed against him by U Pati Najiar (opposite party) in the Court of the Sub-divisional Officer, Jowai.2. The case of the complainant against the petitioner who is a doloi of Jowai is that in his capacity as Doloi he collected fees, fines and decretal money in connection with cases pending in his Court. A part of this money was divisible between the Doloi and the Durbaries. The money due to the complainant was not paid when it fell due and it was misappropriated.3. The first question that has been argued by the learned Counsel for the petitioner is that the complaint could not be taken cognizance of without previous sanction from competent authority. He argues that the spirit of the Criminal Procedure Code was applicable under the rules relating to the administration of criminal justice in the K. ...
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