Guwahati Court November 1955 Judgments

Birendra Kumar Choudhury Vs. Ashutosh Adhikari and anr.

Court: Guwahati

Brij Narain, J.C.1. This is a criminal reference under Section 438 Cr. P. C., made by the learned Sessions Judge, Tripura by means of his order dated 2nd June 1955 in criminal motion no. 12 of 1955 recommending that the order passed by the learned S. D. M., Dharmanagar Sri N. K. Sinha dated 19th March, 1955, by which the complaint dated 30th December, 1954 was rejected on the ground that a fresh case could not be started upon the same facts as had been alleged by the complainant before the Court in a prior complaint which formed the basis of criminal case no. 61 of 1954 and in which the accused were discharged on 2nd August 1954 after the complainant's evidence had been recorded on material points by the learned Magistrate.2. It appears that the present petitioner at first brought a complaint in the Court of the S.D.M., Dharmanagar under Section 379 I. P. C., against the opposite parties complaining that the latter had cut and removed bamboos grown on the land of the petitioner on 6t...