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1961 Supreme(All) 43

D.S.MATHUR
MUNICIPAL BOARD – Appellant
Versus
BHIM SINGH – Respondent


Advocates Appeared:
SHANTI BHUSHAN

D. S. MATHUR, J.

( 1 ) THIS order governs Criminal Revisions Nos. 1502 to 1505 of 1960 by the Municipal Board of bijnor against the judgments of Sri Sachidanand, Assistant Sessions Judge, Bijnor whereby criminal Appeals preferred by Bhim Singh, Baldeo Singh Kishore and Kailash Chandra alias munnoo were allowed. The Criminal Revisions were presented, before me as Application Judge on 6-9-1960 with office reports dated 31-8-1960. The office did not make a note that the revisions were being presented in Court directly without first of all approaching the Sessions judge. This fact was also not brought to the notice of the Application Judge, but the facts as detailed in the hearing of the revisions would have indicated that no revision had been made before the Sessions Judge and the applicant was challenging the order of discharge directly before the High Court, It cannot, therefore, be said that the applicant was guilty of, or was in any way responsible for concealment of facts. The fact, however, remains that the order of admission was passed without the Court being informed, in clear words, that no revision had been filed before the Sessions Judge. The applicant cannot, therefore, es





























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