Back
ALLAHABAD HIGH COURT
H.C.P. TRIPATHI, J.
Daya Ram - Appellant
Versus
State of U.P - Respondent
Crl. Ref. No. 426 of 1963.
Decided On : 29-10-1964
JUDGMENT
H.C.P. Tripathi, J. - On 18th of July, 1963 the Station Officer, Kaimganj made a report to the Sub-Divisional Magistrate for taking proceedings under Section 107, Cr. P. C. against the applicant and some others. On this report the Magistrate passed the following order.
"Register and summon the accused for 21-8-1963". Aggrieved by that order the applicant came up in revision before the learned Temporary Sessions Judge, Farrukhabad, who has referred the case to this Court with a recommendation that the order of the learned Magistrate be quashed.
2. In his explanation, the learned Magistrate has submitted that as he was satisfied with the report of the Station Officer the applicant was summoned and notice under Section 112, Cr. P. C. would have been served on him after his appearance.
3. Section 115 of the Code lays down that every summons issued under Section 114 shall be accompanied by a copy of the order made under Section 112. This shows that summons cannot be issued to an accused in a proceeding under Section 107, Cr. P. C. unless an order has been passed by a Magistrate in accordance with Section 112, Cr. P. C. which has to accompany the summons.
4. In this view of the matter I accept,the reference and quash the impugned order of the Magistrate.
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
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.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
