TULSIDAS MUNDHRA Vs. STATE OF WEST BENGAL
HIGH COURT OF CALCUTTA
STATE OF WEST BENGAL
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(1.) THIS is a Revisional petition directed against the order of Shri M. Roy, Presidency Magistrate, Calcutta, rejecting the petitioner's prayer for examining defense witnesses.
(2.) ON the 7th July, 1960. a charge-sheet was submitted by Inspector Bhuromal of Delhi, Special Police Establishment against Haridas Mundra and Tulsi Das Mundhra under section 120b of the Indian Penal Code read with section 409 and sections 409 and 477a of the Indian Penal Code. On the 6th August, 1960, both accused appeared before the learned Chief Presidency Magistrate and they were directed to furnish bail of Rs. 10,000/- each and the case was transferred by the learned Chief Presidency Magistrate to Shri M. Roy, Presidency Magistrate, for enquiry. On the 10th October 1960, the learned Magistrate made the following order:-
"both accused are present. Copies furnished to each of them. In view of the voluminous documents to 7-12-60 for hearing in presence of both sides. " For some reason or other arguments could not be heard on the 7th December, 1960, and the date subsequently fixed, namely, 13th January. 1961.
(3.) ON the 1st March. 1961, the learned Magistrate made the following order :-
"heard both sides regarding the procedure to be adopted in this case. In view of the nature of offences and the amounts involved in this connection, it will be proper to adopt the commitment proceedings as laid down in section 207a Cr. P. C. Procedure under section 207a Cr. P. C. will be followed henceforth and prosecution does not intend to examine any witnesses before me. After the above order is passed the learned lawyer for the prosecution opens his case. It is heard in part with reference to certain documents already furnished to the accused. ";
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