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Kundan Lal vs Manohar Lal

High Court Of Judicature at Allahabad|19 April, 1929

JUDGMENT / ORDER

JUDGMENT Dalal, J.
1. I refrain from giving my opinion as to the meaning of the word "Dassa" and the propriety of its use by Kundan Lal, as occasion may arise for a suit in the civil Court. All I have to examine is whether it would be proper to order further enquiry in the criminal Court. I am decidedly of the opinion that the time of the criminal Court should not further be wasted. Monohar Lal took his chance. The Magistrate held a careful enquiry and arrived at a certain conclusion. A Court of revision merely for the reason of disagreement with that conclusion is not entitled to order further enquiry. A further enquiry may be ordered only in cases where a Magistrate has not taken sufficient trouble or has come to a perverse decision. On the evidence on the record I am satisfied that the Magistrate tried the case with great care and patience and examined the evidence to the best of his ability. Even if he came to a wrong conclusion, a Court in revision has no jurisdiction to order further enquiry. I set aside the order of the District Magistrate and direct the order of discharge of the Magistrate Mr. H. Husain, dated 8th November 1928, to stand.
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Title

Kundan Lal vs Manohar Lal

Court

High Court Of Judicature at Allahabad

JudgmentDate
19 April, 1929