TABARAK ALI Vs. MANTAJ ALI

JUDGEMENT

(1.) THIS is an application in revision against an order of the Additional Sessions Judge, Lower Assam Division at Now gone by which he directed the Magistrate to make further enquiry,

(2.) IN order to appreciate the points raised, it will be necessary to give briefly the facts out of which this case has arisen. An application was filed before the Sessions Judge under Section 436 Criminal Procedure Code on behalf of the complainant. The complainant on 6th of July 1958 Iodged a first information report before the Police alleging that the opposite parties (before the Magistrate) trespassed into the land belonging to him and that they also assaulted him.

(3.) IT is then contended by Mr. Sharma, who appears for the complainant, that it was obligatory on the part of the Magistrate to give reasons and that in the present case there are no reasons given by the Magistrate and, therefore, the order is examinable by this Court in exercise of its re -visional powers. There are two answers to this contention. Firstly, if the contention of Mr. Sharma is accepted then it will be examining the order passed by the Sessions Judge in the light that he has exercised his powers under Section 435, which in the present case he has not done.