SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1957 Supreme(AP) 110

N.KUMARAYYA
Bangaru Reddy – Appellant
Versus
State Of A. P. – Respondent


N. KUMARAYYA, J.

( 1 ) THE only point involved in these references is whether the learned Magistrate, having signed, dated and pronounced his judgment, which did not contain the operative portion of it viz. , the particulars of Sub-section (2) of Section 367 of the Code of Criminal Procedure, had power to add to that judgment by a separate order after the accused and the advocates had made their. signatures thereon and were not informed that there was an additional order to be passed in continuation of this judgment nor was the time fixed at which it shall be passed. The learned District Magistrate is of the view that this addition is a serious irregularity sufficient to vitiate the order, and the judgment should, therefore, be set aside.

( 2 ) THE facts are that the accused were charged with an offence under Section 160, I. P. C. and the case was tried summarily against them. Some of the accused had admitted their guilt while others did not; and the learned Magistrate, on the evidence, carne to the conclusion that all were guilty of the said offence and passed a judgment to that effect. But he concluded the Judgment with the observation that "in view of the circumstances, both the

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top