Research › Browse › Judgment

Supreme Court of India · body

1980 DIGILAW 374 (SC)

Superintendent and Remembrancer of Legal Affairs, West Bengal v. S. K. Majumdar

1980-08-22

A.C.GUPTA, E.S.VENKATARAMIAH

body1980
JUDGMENT : The Judgment of the Court was delivered by. Gupta, J. - Setting aside an order of discharge made by the Sub-Divisional Judicial Magistrate, Raiganj, West Dinajpore, the Sessions Judge of West Dinajpore committed the respondent before us to the Court of Session to stand trial under Section 201 of the Indian Penal Code. The High Court in revision set aside the order of the Sessions Court on the view that the order made by the Sessions Judge was based on the finding that, ?at the most?, ?he (respondent) has not performed his duties as Medical Officer properly or with due care?. Reading the order of the Sessions Judge we find that the High Court had read the order of the Sessions Judge incorrectly. We, therefore, set aside the impugned order of the High Court and restore that of the Sessions Judge. The appeal is allowed. The respondent is allowed to remain on bail for four weeks from today within which time he is to get bail from the Sessions Judge. Appeal allowed.