RAJINDRA NATH MAHATO Vs. T GANGULY DY SUPERINTENDENT

JUDGEMENT

(1.) This is an appeal by special leave from the judgment dated 28 March, 1968 of the High Court at Calcutta quashing the processes issued against the three accused persons.

(2.) The appellant on 8 March, 1966 filed a petition of complaint against the Block Development Officer Purulia the Officer-in-Charge of the local Police Station and T. Ganguly, the Deputy Superitendent of Police, Purulia under section 395 of the Indian Penal Code on the allegation that during search of the appellant's house they committed dacoity in the house. The Magistrate dismissed the complaint under section 203 of the Code of Criminal Procedure on the ground that the complaint was incompetent without sanction as the accused were Government servants.

(3.) The complainant thereafter moved the Sessions Judge, Purulia against the order of dismissal. A reference was made to the Calcutta High Court. The learned Single Judge of the Calcutta High Court accepted the reference, set aside the order of the Magistrate and sent the case back for proceeding in accordance with law.