Kolkata Court August 1968 Judgments
State of West Bengal Vs. Gangadhar Dawn and ors.
Court: Kolkata
Decided on: Aug-08-1968
Reported in: 1989CriLJ563
A.C. Sen Gupta, J.1. The State of West Bengal has preferred this revisional application against the order of the learned Sessions Judge allowing an application under Section 498 Criminal Procedure Code for transfer made by the accused in a Sessions case sometime after the trial of that case began before an Additional Sessions Judge.2. The view of the petitioner is that in view of the provision of Sub-section (2) of Section 409 of the Code of Criminal Procedure, the Sessions Judge can send such a case from one Court of the Additional District Judge to another Additional Court of District Judge before the trial case began in that Court. Section 409 of the Code of Criminal Procedure runs thus:(1) A Sessions Judge may withdraw any case or appeal from, or recall any case or appeal which he has made over to, any Assistant Sessions Judge or Chief Judicial Magistrate subordinate to him.(2) At any time before the trial of the case or the hearing of the appeal has commenced before the Additional...
Tag this Judgment!A.B. Culvert and anr. Vs. the General Manager, S.E. Rly. and anr.
Court: Kolkata
Decided on: Aug-06-1968
Reported in: AIR1970Cal501
ORDERA.K. Sinha, J.1. These two rules were issued at the instance of the petitioners inter alia for quashing the orders of dismissal from their services on the ground of criminal conviction.2. The facts which are substantially the same in both the petitions are as follows:--The petitioners at the material time were working as Railway Guards under the South Eastern Railway. On or about 11th July, 1959, a complaint was made by the Railway Protection Force Havildar alleging theft of certain goods which were entrusted to the petitioners. It was alleged that petitioner L. E. Foran, in fact, committed the offence and the petitioner A. B. Culvert abetted him. Thereafter, the petitioner L. E. Foran was charged under Sections 409/100 and A. B. Culvert under Section 409, Indian Penal Code and tried by the Judge Special Court, Midnapore. On conclusion of trial each of the petitioners was convicted and sentenced to three months' rigorous imprisonment and a fine of Rs. 100/-. Both the petitioners p...
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