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Sjksjksjks (proprietor)     14 August 2012

Name the acts of a judge

 

Sirji,

U/s. 195 of Cr. P.C. the Hon’ble APEX COURT viewed that :-

Principles of natural justice would not be hampered if no notice is issued to the person at the stage of sanctioning the complaint to the Magistrate having jurisdiction.

(Note :- The Citataion of the Hon’ble Apex Court has been specifically brought in the notice of the Judge of the Subordinate Court).

 

But Judge of District level, in the case u/s. 195 of Cr. P.C., passed the Order as :

Under the principles of natural justice, issue notice to the opponent against whom it is to decide whether his complaint should be made to the concerned Magistrate or not.

 

What is this called?

Is it a contempt by the judge of the subordinate court OR WHAT IS THIS ?

Regards

HARIOM

 



Learning

 2 Replies

N.K.Assumi (Advocate)     14 August 2012

Under the Constitution of India the decisions of the Supreme Court shall be binding on all the subordinate courts through out India, and they are to carry out and assist the Supreme Court in implementing the decisions, without asking why? and how? As for the contemp matter I leave it to the wisdom of the readers.

Sjksjksjks (proprietor)     15 August 2012

 

Thanks and appreciation for expressing your bold-views.

HARIOM.


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