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LANCELOT SANDERSON, WILLIAM TEUNON, THOMES RICHARDSON, NEWBOULD, GHOSE
Ram Sagar Mondal – Appellant
Versus
Alek Naskar and Bhola Nath Mondal – Respondent
JUDGMENT
Lancelot Sanderson, C.J. - This is a Reference to a Full Bench by my learned brothers Newbould and Suhrawardy, JJ. The questions which are submitted are:
1.When in proceedings u/s 133, Criminal Procedure Code, arising out of an alleged obstruction of a way used by the public, the defendant sets up a claim of right which is found by the Magistrate to be made in good faith, is the Magistrate's jurisdiction entirely ousted?
2.Or can the Magistrate, if he does not think this claim well-founded though he considers it made in good faith, allow the defendant a reasonable time to assert this claim by a civil suit and if he does not go to the Civil Court within such time or fails there, can the Magistrate continue the proceedings u/s 133, Criminal Procedure Code?
Was the case of Belat Ali v. Abdur Rahim 8 C.W.N. 143 : 1 Cr. L.J. 70 giving effect to the dictum in Luckhee Narain Banerjee v. Ram Kumar 15 C. 604 at p. 570. 7 Ind. Dec. 960 rightly decided?
2. The following facts may be taken from the case:
This Rule is directed against an order passed by the Sub-Divisional Magistrate of Alipore in proceedings u/s 133 of the Code of Criminal Procedure. Ali Nashkar and others instituted proce
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The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
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