Law:

Section:

Federal Court-Criminal appeal-Orders passed in exercise of revisional jurisdiction by High Court-Not ordinarily interfered with by Federal Court-Discretion, however, not exercised judicially­ High Court's order set aside and that of lower Court restored. JUDGMENT SHAHABUDDIN, J.-This is an appeal by special leave from the judgment of the High Court of Dacca by which an order passed by a Second Class Magistrate, Dacca discharging the appellant under section 253, Cr. P. C. was set aside and the case was sent back for being proceeded with in accordance with law. The first respondent Mohammad Wahiduzzaman presented to the S. D. M. (South) a complaint dated the 21st June 1954 against "N. J. Khan for Meher Industries Limited, Kaoran Police Station. Tejgaon, Dacca", alleging "(1) that in order to avoid inundation of the land belonging to the complainant and others a culvert had been constructed on the road closeby ; (2) that the complainant had learnt that the accused recently purchased some amount of land nearabout the above-stated pucca culvert and in order to improve his own land without caring for the interest of local people and their lands wrongfully closed the culvert in spite of vehement protest and this resulted fn the inundation of about 300 bighas of land and several homesteads ; (3) that after dismantling the culvert the accused dishonestly removed the materials and bricks and though the matter was reported to the authorities concerned no action was taken ; (4) that the accused had committed offences under sections 432, 291, 379 and 427, P. P. C. The prayer was that "processes may be issued against him and he may be punished according to law after hearing this complainant and his witnesses. On the 23rd June, 1954 the statement of the complainant on oath was recorded by S. D. M. and therein he stated that the culvert had been put up to drain out water from his and other lands that the culvert was closed by the accused on 7th May, 1954 that he and others requested the accused to remove the obstruc­tion to the drainage but that "he put it off and asked us to vacate the area". On this material summons was ordered to issue to N. J. Khan for Meher Industries and…

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