GOPAL DAS SINDHI Vs. STATE OF ASSAM
LAWS(SC)-1961-1-33
SUPREME COURT OF INDIA (FROM: GAUHATI)
Decided on January 20,1961

GOPAL DAS SINDHI Appellant
VERSUS
STATE OF ASSAM Respondents





Cited Judgements :-

BUTI SINGH VS. STATE OF M.P. [LAWS(MPH)-2006-5-113] [REFERRED TO]
KAMLESH PATHAK VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2004-12-25] [REFERRED TO]
STATE VS. DEEPAK AGRAWAL [LAWS(MPH)-2008-9-1] [REFERRED TO]
JAYANT ETC VS. STATE OF MADHYA PRADESH [LAWS(SC)-2020-12-7] [REFERRED TO]
MANJU SURANA VS. SUNIL ARORA & ORS. [LAWS(SC)-2018-3-44] [REFERRED TO]
JAYARAMA NAIDU VS. MEENAKSHI AMMAL [LAWS(MAD)-1999-2-134] [REFERRED TO]
ARAN SHOURIE VS. STATE [LAWS(RAJ)-1988-12-18] [REFERRED TO]
KRISHNA KUMAR SHARMA VS. STATE OF RAJASTHAN [LAWS(RAJ)-1978-11-13] [REFERRED TO]
STATE OF KERALA VS. E BHASKARAN KUNHIKELU [LAWS(KER)-1970-7-8] [REFERRED TO]
N B DEVARAJ VS. V N WILT [LAWS(MAD)-1964-8-40] [REFERRED TO]
NAZRUL ISLAM VS. BASUDEB BANERJEE [LAWS(CAL)-2022-1-97] [REFERRED TO]
SHIV NARAIN JAISWAL VS. STATE OF U P [LAWS(ALL)-2006-10-5] [REFERRED TO]
BABUL SARKAR VS. STATE OF TRIPURA [LAWS(GAU)-2006-9-43] [REFERRED TO]
SASANKA DEY VS. DIPANKAR BRAHMA [LAWS(GAU)-2008-8-47] [REFERRED TO]
RAJENDRA PRASAD SINGH VS. STATE [LAWS(PAT)-1970-1-1] [REFERRED TO]
JAILOK THAKUR VS. STATE OF BIHAR [LAWS(PAT)-1979-10-2] [REFERRED TO]
PUBLIC PROSECUTOR VS. VAIJNATH [LAWS(APH)-1968-12-8] [REFERRED TO]
A SUBHASCHANDRAS BOSE VS. COURT OF JUDICIAL FIRST CLASS MAGISTRATE ANANTAPUR [LAWS(APH)-1972-12-3] [REFERRED TO]
M CHINA VENKATARAREDDY VS. STATE OF A P [LAWS(APH)-1993-3-25] [REFERRED TO]
M. BUTT AND OTHERS VS. STATE [LAWS(ALL)-1971-10-32] [REFERRED TO]
DIPAK DIWAN VS. AMIR KHAN [LAWS(CHH)-2020-11-39] [REFERRED TO]
SADHNA DEVI VS. STATE OF U P [LAWS(ALL)-2014-4-479] [REFERRED TO]
PATEL HARESHKUMAR ARVINDBHAI VS. STATE OF GUJARAT [LAWS(GJH)-2011-6-121] [REFERRED TO]
ANAND KUMAR PANDEY VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2020-2-423] [REFERRED TO]
LALARAM VS. STATE OF U.P. [LAWS(ALL)-2020-12-46] [REFERRED TO]
SMT. VIMLA RATHORE VS. THE SPECIAL JUDGE (FAKE CURRENCY) & ORS. [LAWS(RAJ)-2016-1-110] [REFERRED TO]
ROSHAN LAL VS. STATE OF HARYANA [LAWS(P&H)-1992-1-123] [REFERRED TO]
SUBHASH CHAND VS. STATE OF HARYANA [LAWS(P&H)-1990-12-10] [REFERRED TO]
SHYAM SUNDER VS. STATE OF RAJASTHAN AND ANR. [LAWS(RAJ)-1996-9-48] [REFERRED TO]
RAMNARAIN VS. STATE OF RAJASTHAN [LAWS(RAJ)-1988-3-38] [REFERRED TO]
SAM P.PHILIP VS. GAURAV GUPTHA COMMISSIONER [LAWS(KAR)-2022-9-830] [REFERRED TO]
TULA RAM VS. KISHORE SINGH [LAWS(SC)-1977-10-19] [RELIED ON]
KAMLAPATI TRIVEDI VS. STATE OF WEST BENGAL [LAWS(SC)-1978-12-28] [RELIED ON]
KANHU CHARAN SETHY VS. STATE OF ORISSA [LAWS(ORI)-1996-8-10] [RELIED ON]
STATE OF BIHAR VS. SAKALDIP SINGH [LAWS(PAT)-1966-3-10] [REFERRED TO]
KUNJAN MISHRA VS. JHAGRU JHA AND ORS. [LAWS(PAT)-1971-2-14] [REFERRED TO]
POOJA KUMARI VS. KAMAL NAIN KAUR [LAWS(HPH)-2019-11-257] [REFERRED TO]
SIDHINATH LAHKAR VS. STATE [LAWS(GAU)-1970-6-4] [REFERRED TO]
C BHAKTAVATSALAM VS. V GOVINDARAJULU [LAWS(MAD)-1968-3-18] [REFERRED TO]
V.G. VINODKUMAR VS. STATE OF KERALA AND ORS. [LAWS(KER)-2015-4-34] [REFERRED TO]
BRINDA KARAT VS. STATE OF NCT OF DELHI [LAWS(DLH)-2022-6-89] [REFERRED TO]
LAXMANA REDDY VS. POLICE INSPECTOR PEENYA POLICE STATION [LAWS(KAR)-2002-1-4] [REFERRED TO]
YOGIRAJ VASANTRAO SURVE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2013-2-111] [REFERRED TO]
RAM BABU GUPTA VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2001-4-60] [REFERRED]
GHANSHYAM TIWARI S/O LATE KHULU RAM VS. DWARIKADHISH SAHU [LAWS(CHH)-2024-9-18] [REFERRED TO]
SANJAY BHIVGADE VS. STATE OF CHHATTISGARH [LAWS(CHH)-2021-11-26] [REFERRED TO]
RAJITRAM SHUKLA VS. STATE OF U.P. [LAWS(ALL)-2021-9-47] [REFERRED TO]
RAMYASH TIWARI VS. STATE OF M P [LAWS(MPH)-2013-3-72] [REFERRED TO]
HARBHAJAN SINGH VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2001-5-19] [REFERRED TO]
STATE OF KARNATAKA VS. K RAJASHEKARA [LAWS(KAR)-2009-6-49] [REFERRED TO]
KAILASH VIJAYVARGIYA VS. RAJLAKSHMI CHAUDHURI [LAWS(SC)-2023-5-31] [REFERRED TO]
KHITAI VS. STATE OF MADHYA PRADESH [LAWS(MPH)-1994-8-28] [REFERRED TO]
JAGDISH PRASAD VS. STATE OF MADHYA PRADESH [LAWS(MPH)-1995-1-45] [REFERRED TO]
HRISHIKESH DEVDIKAR VS. STATE OF KARNATAKA [LAWS(KAR)-2022-10-40] [REFERRED TO]
HARI SINGH VS. STATE OF PUNJAB [LAWS(P&H)-1985-5-44] [REFERRED TO]
RANGANATHA D. VS. STATION HOUSE OFFICER, BMTF POLICE [LAWS(KAR)-2016-4-157] [REFERRED TO]
ARVIND KUMAR SINHA AND OTHERS VS. STATE OF BIHAR AND OTHERS [LAWS(PAT)-1990-1-40] [REFERRED TO]
MEKALA MADHUSUDHAN REDDY VS. DIRECTOR GENERAL OF POLICE [LAWS(APH)-2020-9-120] [REFERRED TO]
V VENUGOPAL VS. JOINT COLLECTOR CHITTOOR DISTRICT AT CHITTOOR [LAWS(APH)-2010-4-28] [REFERRED TO]
YASHPAL KAPOOR VS. GANDOTRA FINANCE CORPORATION [LAWS(J&K)-2005-12-56] [REFERRED TO]
SUKHWASI VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2007-9-175] [REFERRED TO]
SACHIN VS. STATE OF MAHARASHTRA [LAWS(BOM)-2014-2-167] [REFERRED TO]
SANTOSH AGGARWAL VS. AUSHIM KAPOOR [LAWS(DLH)-2010-2-201] [REFERRED TO]
KULVINDER SINGH KOHLI VS. STATE OF NCT OF DELHI [LAWS(DLH)-2022-6-12] [REFERRED TO]
PAUL OSWAL VS. GOVIND PRASAD LATH AND [LAWS(CAL)-1974-11-2] [REFERRED TO]
K LAXMA REDDY VS. STATE [LAWS(APH)-2002-11-42] [REFERRED TO]
VIJAY KIRTILAL MEHTA VS. STATE OF MAHARASHTRA [LAWS(BOM)-2006-12-170] [REFERRED TO]
RAM KRISHNA VS. YUNUS [LAWS(ALL)-1977-5-25] [REFERRED TO]
MEWA LAL BHARGAV VS. STATE OF U. P. [LAWS(ALL)-2021-1-53] [REFERRED TO]
RAM KHELAWAN VS. STATE OF U. P. [LAWS(ALL)-2021-1-189] [REFERRED TO]
BADRI PRASAD VS. STATE OF U. P. [LAWS(ALL)-2021-12-168] [REFERRED TO]
KOMAL VS. STATE OF U.P. [LAWS(ALL)-2021-3-20] [REFERRED TO]
PREM DAS VS. STATE OF U.P [LAWS(ALL)-2021-8-193] [REFERRED TO]
SALIM SIKANDER EKKA VS. STATE OF CHHATTISGARH [LAWS(CHH)-2024-4-6] [REFERRED TO]
RAMAN LAL VS. STATE OF RAJASTHAN [LAWS(RAJ)-2000-4-82] [REFERRED TO]
O P SINGHI VS. STATE OF SIKKIM [LAWS(SIK)-1978-8-1] [REFERRED TO : (1961 (2) CRI LJ 39).]
ABDULLAH KHAN VS. STATE OF BIHAR [LAWS(PAT)-2002-1-31] [REFERRED TO]
S K SINHA VS. VIDEOCON INTERNATIONAL LTD [LAWS(SC)-2008-1-129] [REFERRED TO]
CHARAN SINGH VS. STATE OF HARYANA [LAWS(P&H)-1993-10-1] [REFERRED TO]
Shri Bharath Bhushan Goyal VS. State [LAWS(MAD)-2004-4-26] [REFERRED TO]
N.C. SHIVAKUMAR AND ANOTHER VS. STATE [LAWS(KAR)-2016-9-14] [REFERRED]
M.K. AIYAPPA VS. STATE OF KARNATAKA, BY LOKAYUKTA POLICE [LAWS(KAR)-2013-5-10] [REFERRED TO]
BISWANATH BANERJEE VS. MADHABI BANERJEE [LAWS(CAL)-1982-9-4] [REFERRED TO]
MUKESH AND VS. STATE OF RAJASTHAN [LAWS(RAJ)-1997-9-13] [REFFERED TO : (1961 (2) CRI LJ 39) 1963 (2) CRI LJ 534 : AIR 1963 SC 1696 10,34,38,42 1961 (2) CRI L]
SHEFAL DEBNATH VS. STATE OF TRIPURA [LAWS(TRIP)-2015-3-20] [REFERRED TO]
MOIZUDDIN VS. STATE OF BIHAR [LAWS(PAT)-1991-7-13] [REFERRED TO]
BHASKARAN VS. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE [LAWS(KER)-2013-4-132] [REFERRED TO]
RAJAN VS. NATIONAL SMALL INDUSTRIES CORPORATION LTD [LAWS(KER)-2007-8-71] [REFERRED TO]
ALOSHIA JOJEPH VS. REV DR JOSEPH KOLLAMPARAMBIL [LAWS(KER)-2008-11-13] [REFERRED TO]
LEADER CAPITAL SERVICES INDIA PVT LTD VS. STATION HOUSE OFFICER BEGUMPET P S [LAWS(APH)-2005-4-33] [REFERRED TO]
M. MOHANARANGIAH CHETTY VS. OFFICIAL ASSIGNEE, MADRAS [LAWS(MAD)-1964-3-32] [REFERRED TO]
RAJU THEVAN PERIAKARUPPU THEVAR VS. STATE [LAWS(MAD)-1965-6-4] [REFERRED TO]
AMIRTHALINGA PANDARATHAR VS. KESAVACHARIAR [LAWS(MAD)-1971-3-14] [REFERRED TO]
DR. NAZRUL ISLAM VS. BASUDEB BANERJEE [LAWS(CAL)-2022-1-33] [REFERRED TO]
PRAMODBHAI ARVINDBHAI PATEL AND ORS. VS. STATE OF GUJARAT AND ORS. [LAWS(GJH)-2020-1-224] [REFERRED TO]
STATE VS. PAPIREDDY [LAWS(KAR)-1987-11-19] [REFERRED TO]
STATE OF MAHARASHTRA VS. NITENDRASINGH alias NITIN KUMARSINGH PATIL [LAWS(BOM)-2004-12-52] [REFERRED TO]
THAN SINGH VS. STATE [LAWS(ALL)-1979-3-57] [REFERRED TO]
STAR INDIA PRIVATE LTD VS. UNION OF INDIA [LAWS(BOM)-2010-12-20] [REFERRED TO]
RUCHI MITTAL VS. STATE OF U.P. [LAWS(ALL)-2023-1-13] [REFERRED TO]
GULAM HUSSAIN VS. AMINA BANO [LAWS(RAJ)-2002-3-62] [REFERRED TO]
SANTOSH KUMAR HIMATSINGKA VS. SNOWLION AUTOMOBILES LTD [LAWS(SIK)-2007-3-1] [REFERRED TO]
SRI ABRAHAM T.J. S/O LATE SRI JOSEPH T.A. VS. SRI B.S. YEDIYURAPPA S/O LATE SRI SIDDALINGAPPA [LAWS(KAR)-2022-9-3] [REFERRED TO]
V MADHAVAN NAIR VS. M P GOPALA PANICKER [LAWS(KER)-1968-6-12] [REFERRED TO]
MADHU BALA VS. SURESHKUMAR [LAWS(SC)-1997-7-153] [REFERRED TO]
STATE OF WEST BENGAL VS. BEJOY KUMAR BOSE [LAWS(SC)-1977-12-2] [FOLLOWED]
RAZAK RICE AND OIL MILLS VS. SRI BHARAT NARAYAN PATNAIK, FOOD INSPECTOR, BERHARNPUR MUNICIPALITY [LAWS(ORI)-1989-9-36] [REFERRED TO]
MOIZUDDIN VS. STATE OF BIHAR [LAWS(PAT)-1991-4-28] [REFERRED TO]
DILIP KUMAR KUNDU VS. MADAN CHANDRA DEY [LAWS(PAT)-1991-2-2] [REFERRED TO]
RAZAK RICE AND OIL MILLS VS. BHARAT NARAYAN BERHAMPUR MUNICIPALITY [LAWS(ORI)-1988-9-14] [REFERRED TO]
SURESH CHAND JAIN VS. STATE OF MADHYA PRADESH [LAWS(SC)-2001-1-15] [RELIED ON]
RAMLAKHAN MAHTO VS. RAMESHWAR MAHTO [LAWS(PAT)-1974-2-12] [REFERRED TO : (1961 (2) CRI LJ 39).]
JAMUNA SAH VS. STATE OF BIHAR [LAWS(PAT)-1978-4-9] [REFERRED TO]
YASHPAL KAPOOR VS. GANDOTRA FINANCE CORPORATION [LAWS(J&K)-2005-1-2] [REFERRED]
NEELAM AGARWAL VS. STATE OF WEST BENGAL [LAWS(CAL)-2022-11-4] [REFERRED TO]
ASHA VS. P K JOSEPH [LAWS(KER)-2019-5-81] [REFERRED TO]
FOOD INSPECTOR TIRUR VS. K P ALAVIKUTTY [LAWS(KER)-1987-2-4] [REFERRED TO]
L S AHOKAN VS. STATE OF KERALA [LAWS(KER)-2005-8-27] [REFERRED TO]
ASHOK KUMAR VS. JASWANT RAI [LAWS(P&H)-1991-12-70] [REFERRED TO]
SUBRAMANIAN SWAMY VS. J JAYALALITHA [LAWS(MAD)-1996-8-45] [REFERRED TO]
KULDEEP KUMAR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2012-11-19] [REFERRED TO]
DEEPAK GARG VS. STATE [LAWS(DLH)-2011-8-346] [REFERRED TO]
BIJU VARGHESE VS. STATE OF MAHARASHTRA [LAWS(BOM)-1993-2-146] [REFERRED TO]
MIRZA BAIG VS. STATE OF MYSORE [LAWS(KAR)-1972-9-16] [DISTINGUISHED]
K LAXMA REDDY VS. STATE OF A P [LAWS(APH)-2002-11-44] [REFERRED TO]
KISHORI LAL VS. MAHADEO [LAWS(ALL)-1992-7-18] [REFERRED TO]
VINODBHAI RAMJIBHAI PATEL VS. STATE OF GUJARAT [LAWS(GJH)-2016-12-65] [REFERRED TO]
LAXMINARAYAN VISHWANATH ARYA VS. STATE OF MAHARASHTRA [LAWS(BOM)-2007-7-7] [REFERRED TO]
MORESHWAR S O DEORAOJI DATE VS. STATE OF MAHARASHTRA [LAWS(BOM)-1997-7-78] [REFERRED TO]
JAGANNATH VERMA VS. STATE OF U P [LAWS(ALL)-2014-9-117] [REFERRED TO]
VINOD KUMAR VS. STATE OF U.P. [LAWS(ALL)-2023-1-175] [REFERRED TO]
BANK OF RAJASTHAN LTD. AND ORS. VS. STATE OF RAJASTHAN AND ORS. [LAWS(RAJ)-2014-2-190] [REFERRED TO]
RAM SINGH KASWA AND ORS. VS. CBI AND ORS. [LAWS(RAJ)-2015-9-47] [REFERRED TO]
IN RE : DEEPAK AGRAWAL VS. STATE [LAWS(MPH)-2008-9-86] [REFERRED TO]
JARNAIL SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2007-9-28] [REFERRED TO]
MAHILA BUTI SINGH VS. STATE OF M P [LAWS(MPH)-2006-5-52] [REFERRED TO]
BABUBHAI JINABHAI GUJJAR VS. STATE OF GUJARAT [LAWS(GJH)-2013-7-604] [REFERRED TO]
SARAH MATHEW VS. INSTITUTE OF CARDIO VASCULAR DISEASES BY ITS DIRECTOR K.M.CHERIAN [LAWS(SC)-2013-11-23] [REFERRED TO]
GANESH DASS VS. STATE OF KERALA [LAWS(P&H)-1995-8-46] [REFERRED TO]
RAJ PAL SINGH VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(HPH)-2015-5-112] [REFERRED TO]
SHYAM SUNDER MODI VS. STATE OF RAJASTHAN [LAWS(RAJ)-1993-4-17] [REFERRED TO]
TULA RAM AND OTHERS VS. KISHORE SINGH [LAWS(P&H)-1975-10-14] [REFERRED TO]
STATE OF KERALA P KOMU AND MAMMOOTTY VS. EXECUTIVE OFFICER NEDIYIRUPPU PANCHAYAT [LAWS(KER)-1968-4-2] [REFERRED TO]
DILIP KUMAR VS. STATE OF JHARKHAND [LAWS(JHAR)-2023-11-67] [REFERRED TO]
SHAUKAT ALI VS. REHANA PARVEEN [LAWS(HPH)-2022-11-12] [REFERRED TO]
TUMMLA NAGESWARA RAO VS. NAGULURI KRISHNA KUMAR GOUD [LAWS(APH)-2003-12-1] [REFERRED TO]
DAYANAND B NAYAK VS. KETAN K TIRODKAR [LAWS(BOM)-2003-12-19] [REFERRED TO]
INDRESH SHARMA VS. HEERA BAI [LAWS(CHH)-2015-2-4] [REFERRED TO]
DR. NARENDRA NATH VS. STATE AND ANR. [LAWS(DLH)-2008-4-194] [REFERRED TO]
JADAB CHANDRA SARKAR VS. SASHI MOHAN DEB BARMA [LAWS(GAU)-1963-4-6] [REFERRED TO]
SUNILAKHYA CHOWDHURY VS. H M JADWET [LAWS(CAL)-1967-9-5] [REFERRED TO]
SEEMA DEVI VS. STATE OF U.P. [LAWS(ALL)-2018-9-248] [REFERRED TO]
RAJKUMAR KAPOOR VS. STATE OF U.P. [LAWS(ALL)-2020-12-12] [REFERRED TO]
GANGARAM VS. STATE OF U. P. [LAWS(ALL)-2021-12-170] [REFERRED TO]
ATMARAM YADAV VS. STATE OF U. P. [LAWS(ALL)-2022-6-90] [REFERRED TO]
KHUSHNUMA BEGUM VS. STATE OF U.P. [LAWS(ALL)-2024-5-107] [REFERRED TO]
ADVOCATE SHERMAN. A. GEORGE VS. STATE OF KERALA [LAWS(KER)-2022-1-189] [REFERRED TO]
SAMAJ PARIVARTAN SAMUDAYA VS. STATE OF KARNATAKA [LAWS(SC)-2012-5-32] [REFERRED TO]
SURESH KUMAR VS. STATE OF HARYANA [LAWS(P&H)-1996-7-66] [REFERRED TO]
NARSINGH DAS TAPADIA VS. GOVERDHAN DAS PARTANI [LAWS(SC)-2000-9-21] [REFERRED]
VIJAY KUMAR VS. KARTAR SINGH [LAWS(P&H)-1990-5-86] [REFERRED TO]
SWAPAN KUMAR ROY VS. LAKSMI NARAYAN GUPTA [LAWS(CAL)-1988-1-26] [REFERRED TO]
IN RE: STATE VS. STATE [LAWS(KER)-1972-9-30] [REFERRED TO]
JAMUNA SINGLI VS. BHADAI SHAH [LAWS(SC)-1963-10-10] [REFERRED TO]
SATYADEO SAH VS. STATE OF BIHAR [LAWS(PAT)-1969-4-2] [REFERRED TO]
PAPPAYAMMAL VS. ARUMUGHAM [LAWS(MAD)-1978-1-1] [REFERRED TO]
SENGA PILLAI AND ORS. VS. VARADARAJAN AND ORS. [LAWS(MAD)-1979-8-49] [REFERRED TO]
DHARMESH ALIAS NANNU NITINBHAI SHAH VS. STATE OF GUJARAT [LAWS(GJH)-2001-11-34] [REPORTED IN 17.]
RAM SABAD VS. SESSIONS JUDGE BAHRAICH [LAWS(ALL)-2007-3-135] [REFERRED TO]
URMILA WIFE OF YOGENDRA SINGH VS. STATE OF U P [LAWS(ALL)-2004-11-3] [REFERRED TO]
PANCHABHAI POPOTBHAI BUTANI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2009-12-58] [REFERRED TO]
ABRAHAM T. J. VS. B. S. YEDIYURAPPA [LAWS(KAR)-2022-9-1500] [REFERRED TO]
RATNESH JAISWAL VS. STATE OF U.P. [LAWS(ALL)-2013-10-2] [REFERRED TO]
DHRUV KARAN SINGH VS. STATE OF U.P. [LAWS(ALL)-2021-12-113] [REFERRED TO]
CHEWANG NAMGAY VS. LAKO TSHORING [LAWS(SIK)-1983-4-1] [REFERRED TO]
BHANWAR LAL SONI S/O SHRI CHANAN MAL SONI VS. STATE OF RAJASTHAN THROUGH THE PUBLIC PROSECUTOR AND ANR. [LAWS(RAJ)-2017-4-209] [REFERRED TO]
INSTITUTE OF CARDIO VASCULAR DISEASES VS. MRS SARAH MATHEW [LAWS(MAD)-2002-7-204] [REFERRED TO]
KHIMBHADHUR PALSHIRAM THAPA VS. STATE OF MAHARASHTRA [LAWS(BOM)-1989-2-65] [REFERRED TO]
SENTU DEY VS. STATE OF TRIPURA [LAWS(TRIP)-2021-5-18] [REFERRED TO]
SHIBNATH SHARMA VS. SISIR KUMAR DAS [LAWS(CAL)-2009-7-9] [REFERRED TO]
Vali VS. Vali Mohd [LAWS(RAJ)-1979-3-5] [REFERRED TO]
DEVARAPALLI LAKSHMINARAYANA REDDY VS. V NARAYANA REDDY [LAWS(SC)-1976-5-2] [CITED]
KUSH KUMAR ALIAS KUSHWAL VS. STATE OF BIHAR [LAWS(PAT)-2000-2-38] [REFERRED TO]
DILAWAR SINGH VS. STATE OF DELHI [LAWS(SC)-2007-9-87] [REFERRED TO]
STATE OF RAJASTHAN THROUGH ADDL. DIRECTOR GENERAL, ANTI CORRUPTION BUREAU, GOVT, OF RAJASTHAN VS. THE SPECIAL JUDGE, ACD CASES, AJMER AND OTHERS [LAWS(RAJ)-2014-12-231] [REFERRED TO]
PRUDENTIAL COOPERATIVE BANK SHAREHOLDERS AND DEPOSITORS WELFARE VS. SURYAPRAKASH RAO [LAWS(APH)-2008-9-53] [REFERRED TO]
MOHAN CHOUDHURY VS. THE STATE [LAWS(GAU)-1962-7-7] [REFERRED TO]
PUBLIC PROSECUTOR A P P VS. VAIJNATH ACCUSED [LAWS(APH)-1968-11-24] [REFERRED TO]
NILESH DAULATRAO LAKHANI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2014-9-177] [REFERRED TO]
S AMRIK SINGH LYALLPURI VS. RAVI DUTT SHARMA [LAWS(DLH)-1975-1-6] [REFERRED]
PHOOL SINGH VS. STATE OF U P [LAWS(ALL)-1984-8-23] [REFERRED TO]
SANTOSH KUMAR GAUTAM VS. STATE OF U. P. [LAWS(ALL)-2021-3-131] [REFERRED TO]


JUDGEMENT

Imam, J. - (1.)This is an appeal by special leave against the decision of the Assam High Court dismissing the appellants petition under section 439/561-A of the Code of Criminal Procedure read with Art. 227 of the Constitution.
(2.)The appellants alleged that they were tenants of respondents Rameshwar Lal Bazaz, owner of the premises in Holding No. 56 of Ward 6 of the Gauhati Municipal Board. A dispute had arisen between the appellants and respondents Rameshwar Lal Bazaz concerning this holding which led to criminal and civil proceedings. The civil suit filed by the respondent Rameshwar Lal Bazaz was Title Suit No. 21 of 1958, and the civil suit filed by the appellants was Title Suit No. 78 of 1957. One of the criminal proceedings was under S. 145, which was compromised on May 24, 1957, resulting in a Hath-chitha in favour of the appellants fixing a monthly rent of Rs. 125 for the first floor of the holding in question. The ground floor was already leased out to the appellants at Rs. 325 per month. By this compromise of May 24, 1957, the respondent Rameshwar Lal Bazaz has undertaken to erect a structure on the 1st floor. The total rent for the ground floor and the 1st floor was fixed at Rs. 450 per month. It appears, however, that in spite of the compromise there was trouble between the appellants and the respondent Rameshwar Lal Bazaz, resulting in a complaint being filed on August 3, 1957, before the Additional District Magistrate against the appellants under Ss. 147, 323, 342 and 484 of the Indian Penal Code. On September 2, 1957, at the instance of the respondent Rameshwar Lal Bazaz, a second proceeding under S. 145 of the Code of Criminal Procedure (case No. 232 of 1957) was started. Title Suit No. 21 of 1958, filed by the respondent Rameshwar Lal Bazaz, was, for ejectment of the appellants and Title Suit No. 78 of 1957, filed by the appellants, was for specific performance of the contract between them and the respondent Rameshwar Lal Bazaz and for executing a formal deed of tenancy. In this appeal we are not concerned with the proceedings under S. 145 (case No. 232 of 1957), which were dropped on April 9, 1958. Nor are we concerned with the Title Suit Nos. 78 of 1957 and 21 of 1958 filed by the appellants and respondent Rameshwar Lal Bazaz respectively. The criminal case with which we are concerned is G. R. Case No. 1403 of 1957 against the appellants for an offence alleged to have been committed by them under S. 448 of the Indian Penal Code.
(3.)As already stated, the respondent Rameshwar Lal Bazaz filed his complaint on August 3, 1957, before the Additional District Magistrate against the appellants for offences alleged to have been committed by them under Ss. 323 342 and 448 of the Indian Penal Code. On this complaint the Additional District Magistrate made the following endorsement:
"To Shri C. Thomas, Magistrate 1st Class for disposal."

Mr. Thomas on receiving the complaint directed the Officer Incharge of Gauhati Police Station. "To register a case, investigate and if warranted submit charge-sheet by 23rd August, 1957." The police, after investigation, on October 10, 1957, submitted a charge sheet against the appellants under S. 448 of the Indian Penal Code only to the Additional District Magistrate. On receiving the charge-sheet, the Additional District Magistrate on October 23, 1957, recorded the following order in the order sheet of G. R. Case No. 1403 of 1957 (State v Gopal Das and two others):-

"C. S. receiving against accused (1) Gopal Das (2) Bulchand (3) Khemchand under section 448, I. P. C., who are on police bail. To Shri R. Goswami, Magistrate, of favour of disposal please."
On November 25, 157, Mr. Goswami framed a charge purporting to act under S. 251-A of the Criminal Procedure Code. A petition for revision to the Additional District Magistrate was dismissed on November 27, 1957. Thereafter the appellants moved the Assam High Court under S. 439/561-A of the Code of Criminal Procedure and Art. 227 of the Constitution which was dismissed by the High Court on May 12, 1959.


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