Sikkim Court August 1978 Judgments

O.P. Singhi and ors. Vs. State of Sikkim and anr.

Court: Sikkim

Reported in: 1978CriLJ1650

ORDERA.M. Bhattacharjee, Actg. C.J.1. I have heard Mr. A. P. Chatterjee, the learned advocate appearing for the petitioners and the learned Advocate-General appearing for the State and have examined the records of the case and I am of opinion that the revisional application should be dismissed.2. The facts of the case, shorn of such details as are not necessary for the present purpose, are that on receipt of a complaint filed by the respondent No. 2 against the petitioners and two others, the learned District Magistrate, without examining the complainant or his witnesses, decided, by his order dated 5th Aug., 1977, to hold enquiry and fixed 17th Aug., 1977, as the date therefor, but on the date so fixed, that is on 17th Aug., 1977, the learned District Magistrate by order transferred the case to another Magistrate for proceeding according to law. The transferee Magistrate on receipt of the complaint fixed 23rd Aug., 1977 for the examination of the complainant and his witnesses and afte...