Kolkata Court October 1924 Judgments
Gunananda Dhone Vs. Lala Santi Prakash Nandy
Court: Kolkata
Decided on: Oct-25-1924
Reported in: AIR1925Cal613
Mukerji, J.1. Section 177, Criminal Procedure Code lays down the general law as to the venue of an enquiry or trial: it says that every offence shall ordinarily be enquired into and tried by a Court within the local limits of whose jurisdiction it was committed. Section 179, Criminal Procedure Code lays down that when a person is accused of the commission of any offence by reason of anything which has been done and of any consequence which has ensued, such offence may be enquired into or tried by a Court within the local limits of whose jurisdiction any such thing has been done or any such consequence has ensued. Section 181, Sub-section (2) says that the offence of criminal misappropriation or of criminal breach of trust may be enquired into or tried by a Court within the local limits of whose jurisdiction any part of the property which is the subject of the offence was received or retained by the accused person or the offence was committed.2. In the case of Simhachalam v. Emperor (19...
Tag this Judgment!Krishna Bala Dasi Vs. Niroda Bala Dasi
Court: Kolkata
Decided on: Oct-25-1924
Reported in: AIR1925Cal989
1. The issuing of the process against; the petitioner in this case was not quite regular.2. On the complaint being filed, the Sub-Deputy Magistrate distrusted the truth of the complaint and directed an investigation under Section 202, Criminal Procedure Code. Having done so he should have waited for the result of that investigation. Instead of waiting for the report he issued summons against the petitioner as the report had not arrived and because he thought that the case could no longer be kept pending. This action can hardly be considered as having been the result of a proper exercise of judicial discretion on his part.3. The explanation submitted by the learned District Magistrate does not touch this part of the Rule.4. The order summoning the petitioner is accordingly set aside.5. The complaint will now be dealt with In accordance with law by some other Magistrate. Such Magistrate to be select-ad by the District Magistrate for the purpose.6. The Rule is made absolute....
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