Guwahati Court September 1967 Judgments
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Madhu Sudan Pal Vs. Narayan Chandra Dutta
Court: Guwahati
Decided on: Sep-28-1967
C. Jagannadhacharyulu, J.C.1. This is an application under Section 561-A, Criminal P.C., to direct Shri W.U. Mullah (Magistrate first class, Sadar) to pronounce judgment in CR case No. 481 of 1964 on his life.2. The petitioner lodged complaint before the S.D.M., Sadar on 24.8.64 in CR case No. 431 of 1964. On 27.8.64 the case was sent to the C.O. Sri D.R. Chakraborty for enquiry and report by 11.9.64. On 11.9.64 the report was not received and a reminder was issued for the same. On 6.10.64 the Magistrate passed an order that Shri A.T. Dutta, Magistrate first class should hold enquiry by 2.11.64. The Magistrate examined witnesses and returned the record to the S.D.M. on 2.11.64 stating that a prima facie case was established against the respondent. On 5.11.64, the case was registered under Sections 504 and 426, I.P.C., and the respondent was summoned in C.R. case No. 481 of 1964 by the S.D.M., Sadar. Subsequently the case was transferred to to Jonab W.U. Mullah, Magistrate first class,...
Amaresh Chandra Nandi Majumdar Vs. N.K. Chanda and ors.
Court: Guwahati
Decided on: Sep-19-1967
C. Jagannadhacharyulu, J.C.ORDER s This is a Criminal Revision Petition filed under Section 439 Cr.P.C. against the order of the Sessions Judge,. Tripura in Criminal Motion 156 of 1966, dated 1.9.66, to set aside the same and also the order of the Sub-Divisional Magistrate, Sadar, dated 18.8.66, in Criminal: Case No. 611 of 1966 filed under Section 395, I.P.C.2. The petitioner filed criminal complaint against the respondents 1 to 5 in Criminal Case No. 611 of 1966, on 18.8.66, alleging that the respondents committed dacoity under Section 395 I.P.C. in the office of Tripura Apex Marketing Co-operative Society Ltd., Agartala. The learned S.D.M. examined the complainant on 18.8.66 and passed an order (under Section 202, Cr.P.C.) that the Circle Officer Shri N. Roy should enquire and report by 19.9.66. The petitioner-complainant attacked the correctness of this order under Section 202 Cr.P.C. by filing Criminal Motion 156 of 1966 before the Sessions Judge, Tripura, under Sections 435 and ...
Nongmaithem Modhu Singh and anr. Vs. Wahengbam Nodiachand Singh and an ...
Court: Guwahati
Decided on: Sep-16-1967
C. Jagannadhacharyulu, J.C.1. This is an application under Section 561A, Criminal P.C., for reviewing the order passed on 22.8.1967 in Criminal Revision Case 9 of 1966 on the file of this Court.2. The petitioners state that Criminal Revision 9 of 1966 was posted to 22.8.1967 for hearing that the petitioner's Counsel fell ill and suffered from giddiness, that he could not attend the Court, that the Court refused to grant an adjournment and passed an order, that the said order should be reviewed and that Criminal Revision Case 9 of 1966 should be disposed of after hearing the petitioners' councel. The petitioners further state that a question of law involving limitation, after the expiry of which the legal representative of the deceased was added and the propriety of the orders of the S.D.M. Imphal West under Section 145(6), 145(7) and 146(1)(B), Criminal P.C. are involved.3. The application is opposed by the first respondent on the ground that the Court has no power to review the order...
Leitanthem Bidhu Singh and ors. Vs. Khangjrakpam Ibobi Singh and ors.
Court: Guwahati
Decided on: Sep-08-1967
C. Jagannadhacharyulu, J.C.1. In all the above cases referred to this Court either by the Additional Sessions Judge or by the Principal Sessions Judge, Manipur, under Section 438 Cr.P.C., the common question which arises for determination is whether the affidavits, sworn before any Magistrate, other than the concerned District Magistrate or S.D.M. or Magistrate First Class, before whom proceedings under Section 145 Cr.P.C. are pending, should not be considered by him in coming to a conclusion under Section 145(4), Cr.P.C.2. In the above cases, affidavits, sworn before Magistrate, either First Class or Second Class in Manipur, were filed in the proceedings under Section 145 Cr.P.C. before the S.D.Ms. in the various cases. They were not sworn before the concerned S.D.Ms. before whom the proceedings were pending. The S.D.Ms. relied on them and passed orders under Section 145(4) Cr.P.C. The aggrieved parties assailed the orders in revision before the Sessions Court, Manipur. The Additiona...
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