Hamid Ali vs Sri Kissen Gosain and Another

We have no alternative buff to accept this reference in view of the recant rulings of this Court. The finding and sentence must therefore be set aside and the trial resumed from the point where the Court examined the accused person after the examination of the prosecution witnesses was concluded. We would impress on the learned Magistrates the necessity for a strict observation of the provisions of the Code of Criminal Procedure and where the terms of the Code are perfectly clear there is no excuse whatever (for a deliberate disregard of them.