JITENDRA NATH GORAI Vs. EMPEROR

JUDGEMENT

(1.) THIS is a Rule calling upon the District Magistrate of the 24-Parganas to show cause why an order summarily dismissing the petitioner's appeal should not be set aside. The learned Magistrate in reply says that he has no cause to show and the Crown does not oppose the Rule. The petitioner filed this appeal through a pleader, After hearing the pleader, the learned Judge thought it necessary to call for the record and fixed 24 September. On that date, without giving the pleader an opportunity of being heard, he dismissed the appeal summarily. We do not think there was much use in calling for the record, if the learned Judge was not prepared to hear the pleader. We are of opinion that before dismissing the appeal summarily, he ought to have given the pleader an opportunity of arguing the case. In his explanation the learned Judge says that had the pleader followed him to his chamber at the end of the day and asked for a hearing, he would have been prepared to consider his application. We, accordingly, make this Rule absolute, set aside the order dismissing the appeal and direct the learned Judge to rehear it after giving the petitioner's pleader an opportunity of being heard. The petitioner, who is on bail, will surrender to his bail pending further orders by the Sessions Judge. Cunliffe, J.

(2.) I agree.