Supreme Court · 1960 INSC 49 · Decided 14 March 1960
In Re: the Berubari Union and Exchange of Enclaves Reference Under Article 143(1) of the Constitution of India v. .
- Court
- Supreme Court of India
- Citation
- 1960 INSC 49 · [1960] 3 S.C.R. 250
- Case number
- REF. U/S 143 No. 1/1959
- Decided
- 14 March 1960
- Bench
- BHUVNESHWAR PRASAD SINHA, S.K. DAS, P.B. GAJENDRAGADKAR, A.K. SARKAR, K. SUBBA RAO, M. HIDAYATULLAH, K.C. DAS GUPTA, J.C. SHAH (8-judge bench)
- Outcome
- Reference answered
- Acts & sections cited
- IPC Section 323, 332; Constitution Article 143(1)
Headnote
v. State of West Bengal Dos Gupta ]. Marth z4. 250 SUPREME COURT REPORTS [1960] tute also a minor offence under s. 323 I.P.C. The Magistrate when he took cognizance under s. 190(l)(b) Cr. P.O. of the offence under s. 332 I.P.C. cannot but have taken cognizance alHo ofthe minor offence cognizance remained for trial as there was no itfdication to the contrary. That being an offence triable under Chapter XX Cr. C.P. the Magistrate rightly followed the procedure under Chapter XX. The appeal is accordingly dismissed. Appeal dismissed. IN RE: THE BERUBARI UNION AND EXCHANGE OF
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