Orissa Court January 1953 Judgments
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K. Achi and ors. Vs. K. Madhusudhan Patra
Court: Orissa
Decided on: Jan-06-1953
Reported in: AIR1953Ori227; 19(1953)CLT174
Panigrahi, J. 1. This reference has been made by the Sessions Judge, Ganjam-Nayagarh on a difference of opinion between him and the Additional District Magistrate, Ganjam, as to the forum in which the appeal of the accused persons will lie.2. The short facts are that four persons were tried by a Magistrate, III Class in C. C. 18 of 1952 and convicted of the offence of trespass, mischief, and assault. The trying Magistrate awarded sentences of fine on three of the accused persons and referred the case of the fourth accused to the Sub-divisional Magistrate in the following terms:'Accused K. Damodar is a juvenile offender. Adequate sentence will be passed by a competent Magistrate, if he prefers to convict him. Send the file to the Sub-Divisional Magistrate for the purpose.' On receipt of the records, the Sub-Divisional Magistrate passed the following order: 'Seen the judgment of the trying Magistrate, Mr. S. N. Misra. As the offence is petty and the accused K. Damodar is only a small boy...
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