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

2008 Supreme(Pat) 1331

ABHIJIT SINHA
Sri Bhola Nath Dubey – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. The complainant of Complaint Case No. 2594(C) of 2002 has prayed for the quashing of the order dated 9.1.2007 passed therein by Sri S.K. Mishra, Judicial Magistrate, First Class, Patna, whereby he has rejected the petitioners petition filed under Section 311 Cr.P.C. as also the order dated 20.1.2007 passed by the learned Sessions Judge, Patna, in Cr. Revision No. 31 of 2007 dismissing the revision preferred against order dated 9.1.2007.

2. The grievance of the petitioner is that the learned Magistrate had erroneously closed the complainants evidence before charge without affording him a reasonable and sufficient opportunity to adduce evidence on his behalf. Similar grievance has been aired against the learned Sessions Judge who it is alleged mechanically rejected the revision preferred by him against the dismissal order of the Magistrate ignoring the fact that the paramount consideration being the doing of justice to the case, the court ought to have allowed the revision and set aside the order of the Magistrate.

3. To come to a proper decision in the instant case consideration of a few material facts would be the requisite of the moment. From perusal of the impugned ord




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