SHANU MEA Vs. NANDU MEA AND ORS.

JUDGEMENT

(1.) THIS is a Criminal reference by the learned Sessions Judge, Tripura under Section 438 of the Criminal Procedure Code, which must be accepted.

(2.) THE circumstances giving rise to the reference may be briefly stated thus: On the complaint of the present petitioner and after considering the report made by the Police after enquiry, the Sub -Divisional Magistrate, Udaipur, took action under Section 145, Sub -section (1) of the Criminal Procedure Code as It stood before the amendments Order 1955 (Act No. 26 Order 1955). The case was fixed for examination of witnesses Order 3 -12 -1955.

(3.) THE explanation of the succeeding Magistrate also does not throw much light but goes to show that one witness of the petitioner and two members of the second party were present Order 3 -12 -1955. The learned Sessions Judge, who obtained that explanation should have insisted on the explanation of the Magistrate who actually passed the impugned order, but that was not done. I would have insisted on it, but for the fact, that it would mean a further waste of time, without in any way affecting the decision.