Annada Charan Chakravarti vs Emperor

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1942 Supreme(Cal) 32

HENDERSON
Annada Charan Chakravarti – Appellant
Versus
Emperor – Respondent

ORDER

Henderson, J. - This rule is directed against an order of the Magistrate forfeiting certain bond* u/s 514, Criminal P.C. After reading the judgment, it was impossible for me to understand what exactly had taken place and I am very much obliged to Mr. Roy Choudhury, who has appeared for the Crown, for the trouble which he has taken to elucidate it. I accept his suggestion that the proper course is to set aside this order and send the case back to the Magistrate to take further proceedings, should he think it necessary to do so.

2. Proceedings were drawn up u/s 107, Criminal P.C., against the first six petitioners on 14th March 1940. They were bound over by Mr. Dutt on 26th April 1940. They executed bonds on 26th June 1940. The police submitted a report to the effect that they had acted in breach of their undertaking on 19th December 1940. At the same time the complainant Submitted a report with a prayer that the bonds might be cancelled. I suppose he was labouring under the idea that, if the bonds were cancelled, petitioners 1 to 6 would be automatically put into jail. At any rate that matter was not proceeded with. On 13th January 1941 in consequence of the police report, Mr. D

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