1. The Magistrates order should no doubt have set out thegrounds on which he was satisfied that a dispute likely to cause a breach ofthe peace existed. Further, it would have been better, if he had given the 2ndparty an opportunity of adducing his evidence.
2. But the proceedings are under Chapter XII of the Code andare, therefore, not proceedings with regard to which the Judge had any powersof revision or reference.--Section 435 (3).
3. We have no power to interfere except under the powers of"superintendence" conferred upon by Section 15 of 24 and 25 Vict.,Clause 104.
4. There is no provision in the law, which gives the Judgepower to call for the record in such a case or to advise us, how we are toexercise our powers of superintendence. In the circumstances we are notdisposed to interfere.
.
Jagomohan Pal vs. RamKumar Gope (16.04.1901 - CALHC)
Jagomohan Pal v. Ram Kumar Gope
Jagomohan Pal v. Ram Kumar Gope
(High Court Of Judicature At Calcutta)
| 16-04-1901
Advocate List
Bench
- Robert Fulton Rampini
- Gupta, JJ.
Eq Citations
- (1901) ILR 28 CAL 416
- LQ/CalHC/1901/38
Head Note
Criminal Procedure Code, 1973 — Ss. 435 and 439 — Revision — Revisional powers of High Court — Extent of — Held, in the circumstances, the High Court was not disposed to interfere
