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1930 Supreme(Nagpur) 52

SUBHEDAR
SHEORAISAI – Appellant
Versus
DANI – Respondent


JUDGMENT

Subhedar, A J C—The facts leading to this application for revision are shortly these: The non-applicant had originally filed a complaint under Section 500, I.P.C., against the applicant in the Court of Mr. Abdur Bahman, Magistrate, First Class, on 9th November 1928. The case was subsequently transferred to the file of Mr. R.K. Misra, another First Class Magistrate, who framed the charge against the applicant on 9th February 1929. On the transfer of Mr. Misra, the case was taken up by his successor, Mr. Banerji, before whom, the applicant having claimed de novo trial, the non-applicant was ordered to summon his witnesses. He, however, failed to pay the necessary process-fee and hence Mr. Banerji dismissed the complaint under Section 204(3), Criminal P.C. A month after the passing of the order of dismissal the non-applicant again filed a fresh complaint, more or less on the same facts, before the same Magistrate, Mr. Banerji, who took cognizance of the case. Latter on the case was transferred to the file of Mr. Naidu, Magistrate, First Class, who after examining the witnesses for the complainant and the defence, convicted the applicant under Section 500, I.P.C., and sentenced



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