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SAKHAWAT ALI versus STATE


The Sessions Judge imposed a cost of Rs 10,000 under Section 491 on behalf of the Section Judge for the illegal confinement of the accused by an illegal order. That he was not given an opportunity to defend and as such he was not heard, no one could be heard under the law, and that what was ordered in violation of the principle was given Was placed on the side and consequently an anonymous order was set aside, and after providing the two parties with a reasonable opportunity of hearing, the matter was referred to the session judge and the constitutional request was accepted accordingly.

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