EMPEROR Vs. ABHRAM ADAM ISHE

JUDGEMENT

(1.) We have heard this matter argued at very considerable length. The fact was that the applicant in this case was accused of an offence and was put before a Magistrate who took the evidence and discharged him. Subsequently the District Magistrate ordered a retrial under the powers conferred on him by Section 437 of the Criminal Procedure Code. The applicant has come to us in revision against that ordor of the District Magistrate.

(2.) I must mention that the District Magistrate made his order of retrial without giving notice to the present applicant and without affording him an opportunity of being heard, and, speaking for myself, I think that is a proceeding which is not consonant with the broad general principles of our judicial administration. I think that when an order is made which is so very seriously to the prejudice of an accused person as directing his retrial, it ought not to be made without giving him an opportunity of being heard, although the law does not specially lay down thatnotice is required.

(3.) I, therefore, think that the appropriate order to make in this case would be to send it back to the District Magistrate that he may give notice to the applicant and hear him in person or by a pleader if he appears and has anything to say. Beaman, J.