SITA NATH BHAGAT Vs. RAMKISHORE MONDAL

JUDGEMENT

(1.) I think this Rule must be made absolute on the ground on Which it was issued. On the 28 June last before, the learned Magistrate disposed of the case, a Hajira was filed showing that thirteen witnesses were present in Court to give evidence on behalf of the second party. None of them, however, was examined. There is nothing on the record to suggest, that it was at the wish, of the second party that the witnesses were not examined.

(2.) In my opinion, the Rule must be mads absolute and the order passed under Section 143, Clause (1), Criminal Procedure Code, must be set aside and the learned Magistrate, after hearing the witnesses produced by the second party must dispose of the case in accordance with law. Suhrawardy, J.

(3.) I agree.