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

1976 Supreme(All) 8

H.N.KAPOOR
Krishna Rao Palne – Appellant
Versus
Pramila Bai – Respondent


H. N. KAPOOR, J.

( 1 ) THIS revision has been preferred for setting aside the order dated 27-4-1974 passed by the Additional City Magistrate, Varanasi, in a case under Section 488, Cr. P. C. By this order he had rejected the application for setting aside his earlier order dated 26-3-1974 restoring the case under Section 488, Cr. P. C. which had been dismissed in default of appearance of Pramila Bai at whose instance the proceedings had been initiated.

( 2 ) LEARNED Counsel for the applicant has argued that the learned Magistrate had no jurisdiction to restore the proceedings which had already been dismissed in default on 25-3-1974 and the earlier order dated 26-3-1974 passed by the Magistrate was without jurisdiction. The revision should have been primarily filed against the order dated 26-3-1974 and not against the order dated 27-4-1974. In the prayer no doubt it has been prayed that the orders dated 27-4-1974 and 267-1974 passed by the Additional City Magistrate, Varanasi, be set aside. Learned Counsel states that there is a typing error and that 267-1974 has been wrongly typed instead of 26-3-1974.

( 3 ) THE case has a chequered history. The application was filed under Section 4








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