ABDUL KADIR Vs. GAFUR SHEIKH AND ORS.

JUDGEMENT

(1.) THIS is a reference made by Mr. B. C. Dutta, Second Additional Sessions Judge, Lower Assam Districts, arising out of Criminal Case No. 288 of 1954 pending before a magistrate with first class powers at Mangaldai. The facts appear to be that a complaint was filed by one Abdul Kadir against Gafur Sheikh and four others in which the accused persons were summoned. Pour of the accused persons appeared on 30 -3 -1954 and they were allowed to go on bail.

(2.) IT is against this order that the learned Sessions Judge has made a reference to this Court. The order is obviously wrong. It is difficult to understand why the learned Magistrate should not himself have proceeded to explain the charge and the accusations to the accused if he thought that the charges had not been explained to them. The evidence had not been recorded till then.