Ganga Prasad v. Emperor

1. I do not agree with the viev taken by the learned Sessions Judge. It is not illegal to hold a joint trial under section 107. Section 117(4) clearly shows that. The learned Sessions Judge appears to be referring to the decision of Har Dutt Panda v. Emperor (4) That decision does not lay down that the learned Judge appears to thank that it does lay down.

2. It lays down that the joint trial of two contendirig partes should not be allowed in a 107-proceeding. I find that Ganga Pershad and Parshadi lal were not contending parties but were on the same side. The complaint had been made against them jointly.

3. On the merits I find no reason to interfere with the order passed against Ganga Pershad.

4. The omission to frame a charge did not prejudice him in any way.

5. I refuse to interfere and direct that the record be returned.

6. Record returned.