Orissa Court February 1970 Judgments

Chandan Bilasini Dasi Vs. Sk. Hanif Mahammad and ors.

Court: Orissa

Reported in: 1971CriLJ126

ORDERR.N. Misra, J.1. The learned Additional District Magistrate (Executive), Cuttack, has made this reference recommending the quashing of a final order Under Section 145, Criminal P.C., on the sole ground that there had been no adequate service of notice on Chandan Bilasini Dasi, the petitioner (who is now reported to be dead) in the proceeding before the learned Magistrate.2. During the pendency of this reference Chandan Bilasini was found to have died. A report wag called for from the learnad Magistrate as to who should be substituted in her place. The learned Magistrate reported the details of the legal representatives who had since been noticed from this Court. But these legal representatives in spite of notice have preferred to remain absent.3. The short point upon which the reference was made by the learned Additional District Magistrate wag that there had been no service of notice on Chandan Bilasini Dasi during the pendency of the proceeding Under Section 145, Criminal P.C., ...