Sagar Mal vs Emperor Through Bhukan Saran

Stuart, J.—The Officiating Sessions Judge has directed a further enquiry against Sagar Mal who was discharged by a Magistrate of the First Class without notice having been served on Sagar Mal. An attempt was made to serve notice on Sagar Mal but the attempt was not successful, and when the matter was heard by the learned Sessions Judge, Sagar Mal was absent and unrepresented. In these circumstances the order directing further enquiry cannot stand. The principles laid down in the case of Queen-Empress v. Ajudhia 20 A 339 : 1898 A.W.N. 60: 9 IC. 577 have invariably, as far as I am aware, been followed in this Court. I, therefore, set aside the order directing further enquiry and remit the case to the learned Sessions Judge who has succeeded the officer who passed the order, so that he may issue notice to Sagar Mal and then proceed to determine the matter.