SANASAM UDHOP SINGH Vs. PHEIROIJAM KUNJARAJ SINGH

JUDGEMENT

(1.) THIS is a reference by the learned Sessions Judge, Manipur for setting aside an order Under Section 145, Cri. P. C., passed by Shri B. Ahmad S. D. M., theubal.

(2.) THE facts giving rise to this refernce may be stated as follows:

(3.) I heard the learned lawyers of both' parties. The learned Counsel for the petitioner while supporting the reference vehemently urged that under Section 145 (4), Cri. P. C. it is obligatory for the Magistrate to hear the parties before deciding the case. But in this case the Magistrate decided it without giving a hearing to the petitioner. In order to substantiate his contention he pointed out that in this case the date 30 -4 -65 was fixed for filing affidavits by the 2nd party and the w/s and affidavits by the 1st party. It was not fixed for hearing of the parties, therefore, the decision made by the Magistrate without giving a chance to the 1st party for hearing is against the law and hence it should be set aside.