Reginam v Dulari [1977] FJSC 120; Review 4 of 1977 (11 March 1977)

IN THE SUPREME COURT OF FIJI
REVISIONAL JURISDICTION

Review No. 4 of 1977

IN THE MATTER
of the Criminal Procedure Code

AND IN THE MATTER
of Criminal Case No. 1016 of 1976
before the Magistrates Court at Suva

REGINAM
Complainant

AND

1. SURUJ DULARI
d/o Chandar Pal
2. SHANKUNTALA DEVI
d/o Chandar Pal
3. SHIU DULARI
d/o Chandar Pal
4. RAJ DULARI
d/o Chandar Pal
5. LAL SINGH
s/o Chandar Pal
6. AKOSITA RABURE
Respondents

ORDER ON REVISION

On the 25th October 1976 at Nausori Magistrates Court an order was made that each respondent give security for good behaviour under the provisions of section 43(1) of the Criminal Procedure Code.

The proceedings were defective for similar reasons to those set out in a judgement of the Supreme Court of even date in Shanti Wati and Bissun Kuar v. Reginam (Criminal Appeal No. 11/77).

The order is accordingly set aside.

(Sgd.) Grant, C. J.
Chief Justice

Suva,
11th March, 1977.