High CourtsDivision Bench

The Empress vs Brojokanto Roy Chowdhuri

Calcutta High Court · Decided on 28 February 1883 · Citation: (1883) ILR (Cal) 638

HON’BLE JUDGES
Mitter, J · Field, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1898 (CrPC) — Section 133
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Judgment

1 paragraphs · 106 words

Mitter, J.—We agree with the Sessions Judge that the order, of the Deputy Magistrate of Putuakhali, purporting to have been passed u/s 133, Criminal Procedure Code, is illegal, and should be set aside on the ground that it is unconditional. As required by the section, it does not appoint any time or place within which and where the person to whom it is directed may appear before the Deputy Magistrate himself, or some other Magistrate of the first or second class, and move to have the order set aside or modified. We accordingly set aside the order, which the Sessions Judge recommends to be set aside.