Guwahati Court June 1966 Judgments
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Sanasam Udhop Singh Vs. Pheiroijam Kunjaraj Singh and ors.
Court: Guwahati
Decided on: Jun-23-1966
Rajvi Roop Singh, J.C.1. This is a reference by the learned Sessions Judge, Manipur for setting aside an order Under Section 145, Cri. P. C., passed by Shri B. Ahmad S. D. M., theubal.2. The facts giving rise to this refernce may be stated as follows:On 18-2-65 the first party lodged a com-plaint before the S. D. M., theubal for drawing up a proceeding Under Section 107 against the second party Nos. 1 and 2 for illegally disturbing the peaceful possession of the petitioner over his land under Patta No. 85/53-A, Th. The S. D. M. forwarded it to the O/C M. I. P. S. for enquiry and report. The O. C. submitted the report recommending a proceeding Under Section 107 Cri. P. C. against the 2nd party. The learned S. D. M. after perusal of the report submitted by the Police drew up a proceeding Under Section 107, Cri. P. C. against the 2nd party requiring them to show cause why they should not be ordered to execute a bond for a sum of Rs. 500 for keeping peace for a period of one year. In res...
Raj Kumar Chauhan Vs. the State
Court: Guwahati
Decided on: Jun-03-1966
Rajvi Roop Singh, J.C.1. This is a reference made by the learned Sessions Judge of Tripura recommending that the summons issued on the petitioner on the basis of the order dated 12-2-65, is not in accordance with law and the order passed on 7-3-65 is illegal and without jurisdiction and as such the order of conviction and sentence passed on the petitioner under Section 112 of the Motor Vehicles Act should be set aside.2. The facts which gave rise to this reference briefly stated are these : On 31-1-65 the O. C., Fatekrey P. S. made a report for prosecution of the accused petitioner Rajkumar Chauhan under Section 112 of the Motor Vehicles Act alleging that the petitioner was found driving the truck TRL-635 from north to south along Assam-Agartala road at Beheherra with S passengers excluding the driver and his assistant. On receipt of the said prosecution report the S. D. M., Kailashahar by his order dated 12-2-65, transferred the case for disposal to the file of Shri M. L. Das, Magis...
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