Sikkim Court June 1983 Judgments

Tshering Wangchuk Bhutia and ors. Vs. Naksingh Bhutia and ors.

Court: Sikkim

Reported in: 1983CriLJ1904

ORDERA.M. Bhattacharjee, Actg. C.J.1. In reporting this case under Section 438 of the Code of Criminal Procedure, 1898, that being the Code still applying in Sikkim the learned Sessions Judge has confessed his inability to understand the nature of the proceeding initiated by the lower Court, the procedure followed therefor and the provisions of law applied and invoked therein. All the learned Counsel appearing before him for the parties, including the learned Public Prosecutor appearing for the State, however submitted that the proceeding, which was initiated, purported to be under Section 145 of the Code and the learned Sessions Judge also having decided to proceed on that basis, reported the case to this Court for necessary orders, as according to him, not only the impugned order was passed in utter non-compliance with the provisions of Section 145 of the Code, but was also of a nature which could not be passed under that section.2. After hearing the learned Counsel for the parties a...