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1913 DIGILAW 283 (ALL)

Ram Bali Rai v. King-Emperor

1913-10-21

KNOX

body1913
JUDGMENT : Knox, J. I do not propose to pass a final order in this case today. I think it would be inexpedient to do so. An order was passed against the petitioner in a proceeding apparently under section 480 of the Code of Criminal Procedure. The learned Counsel who appears on his behalf assures me that the word which the petitioner is said to have used were never intended to apply to the court and he also assures me that the petitioner gave the same assurance to the learned Munsif. Assuming this to be the case, I think that the learned Munsif should have accepted that assurance as coming from a gentleman of the standing of the pleader, as full and real assurance that he never intended to make, use of that expression and did not use that expression with reference to the court. The Judge will always do well to give the fullest belief to the words addressed to him in real earnestness from a gentleman at the bar. I postpone the case in order that the learned Munsif may receive an expression of this opinion of mind and see whether it is not a case, in which he himself should take action under section 484 of the Code of Criminal Procedure. The very fact that the pleader assured the Munsif, that the words were never addressed to him ought to be sufficient assurance to the Munsif that such was the case.