B. Ambika Sahi vs Emperor - 1946 Supreme(All) 152

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1946 Supreme(All) 152

MULLA
B. Ambika Sahi – Appellant
Versus
Emperor – Respondent

ORDER

Mulla, J. - This is an application in revision by two persons, Ambika Sahi and Ram Lagan Gond, against an order passed by the learned Sessions Judge of Gorakhpur acting as a Court Of revision upon a petition made by the present-applicants challenging the validity of an order passed by a First Class Magistrate in the following circumstances.

2. The first applicant, Ambika Sahi had obtained a decree from the Court of Small Causes at Gorakhpur, and, in execution of that decree, certain movable properties belonging to the judgment-debtor were attached and made over to the custody of the other applicant, Ram Lagan Gond who executed a supurdnama and a bond in the ordinary course. Later on, the judgment-debtor filed an objection to the attachment of his property and that objection was allowed by the Court. When the Amin of the Court asked applicant 2 Ram Lagan Gond to produce the property which had been made over to his custody he failed to produce it and tried to evade the order of the Court. The learned Small Cause Court Judge then issued a notice to the present applicants to show cause why they should not be prosecuted for offences under Sections 406 and 426, Penal Code. The applic

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