SURENDRA CHANDRA DEBNATH Vs. RAGHUNATH SIL

JUDGEMENT

(1.) THE petitioners were convicted by the first class Magistrate, Sadar under Section 379, I. P.C. and sentenced to pay a fine of Rs. 25/ - each. They filed a revision before the Sessions Judge. But the Sessions Judge did not consider it a fit case to make a reference to this Court. Hence, the petitioners have come up directly in revision to this Court.

(2.) THE case against the petitioners was that on 26 -9 -1958 they along with certain others entered the laud of the respondent 3 kanis in extent in which he had raised jute crops, harvested the Jute crops thereon and also removed certain harvested crops left on the land by the respondent. The respondent filed the complaint in Court only on 30 -9 -1958. The defence of the first petitioner was that the said land belonged to him and was in his possession for 4 or 5 years before the occurrence and that he Had raised the jute crops thereon and he admitted having cut and removed the said jute crops, but it was even before the alleged date of occurrence. The defence of the other two petitioners was that they were not present and did not know anything about the occurrence.

(3.) BEFORE I deal with the merits of the case, it is necessary for me to say something about the manner in which the proceedings were protracted before this Magistrate. It is the sad lot of the persons who are hauled up before the Criminal Courts in this Territory to have their cases protracted over long periods, because most of the magistrates who deal with the cases are executive magistrates, the major part of whose time is devoted for executive work. The result is that the trials take a very long time and unnecessary adjournments are made with the result that accused persons are harassed in having to attend the Courts again and again on each of the adjourned dates. It is not also an unusual occurrence in the magistrate's courts that for some hearings if the accused persons or any of them happened to be absent, proceedings under Section 514, Cr.P.C. are started with the result that the case is further delayed. All this can be avoided if full -time magistrates are appointed to hear these cases at least in places like the Sadar and in other sub -divisional headquarters where the number of cases will be large.