EKDASI GUR Vs. DIPTENDRA MUKHERJEE

JUDGEMENT

(1.) THIS Criminal revision is directed against an border of the learned Sessions Judge, Silchar; directing further enquiry in the case of ten accused persons who hive been discharged by the trial Court Under Section 251A(2) of the Code of Criminal Procedure,

(2.) THE learned Sessions Judge has found that the learned Magistrate has not at all applied his mind and dealt with the matter perfunctorily. In this view of the matter, the learned Sessions Judge directed further enquiry into the case against these discharged accused Under Section 436, Criminal Procedure Code.

(3.) THERE is another infirmity in the order of the learned Magistrate which even the learned Sessions Judge has not specifically noticed, Section 251A(2) runs as follows;