LAWS(PVC)-1918-4-140

EMPEROR Vs. MADHAV LAXMAN

Decided On April 03, 1918
EMPEROR Appellant
V/S
MADHAV LAXMAN Respondents

JUDGEMENT

(1.) The facts relating to this case are briefly these. The accused who are the Kulkarni and the Patil of the village of Bhandiwad were committed to the Court of Session on the 15th August 1917 on a charge of cheating three persons. They were tried by the Additional Sessions Judge of Dharwar with the aid of assessors. The evidence and the opinion of the assessors were recorded. The case was then adjourned for judgment.

(2.) On the 10th September 1917 the learned Additional Sessions Judge made an order under Section 532 of the Criminal Procedure Code quashing the commitment and directing a fresh enquiry. This order was originally brought to the notice of this Court by the District Magistrate; but the Court refused to entertain the reference made by him against the order of the Additional Sessions Judge. The order made by the Additional Sessions Judge having been brought to the notice of this Court, a rule was issued with a view to determine the legality of this order.

(3.) We have now heard the learned Government Pleader who contends that the order is illegal. As there was no appearance on behalf of the accused, we requested Mr. Palekar to present the arguments in favour of the order, and we are obliged to Mr. Palekar for having done so.