ADRI DHARAN DAS Vs. STATE OF W B

JUDGEMENT

(1.) Leave granted.

(2.) Refusal by a Division Bench of the calcutta High Court to accept prayer made by the appellant to extend the protection available under Section 438 of the Code of criminal Procedure, 1973 (in short the 'code') is assailed by him. A brief reference to the factual position would suffice.

(3.) Complaint was lodged by one Dayaram das in the court of Chief Judicial magistrate, Alipore, Calcutta (in short 'cjm') alleging commission of various offences more particularly those covered under sections 406, 467, 468,471 and 420 of the indian Penal Code, 1860 (in short the 'ipc'). This complaint was filed against the appellant and five others. It was claimed that the complainant Dayaram Das, who was the president of Calcutta Branch/temple situated at 3c, Albert Road, Calcutta and manager of the premises at 22, Gurusaday road, Calcutta was appointed by the international Society for Krishna consciousness (in short the 'iskcon') Bureau in accordance with rules and regulations. Appellant was the previous President, who was suspended by the Bureau on 2nd march, 2001 and was removed on 17th march, 2002. The other persons named in the complaint (accused nos. 2 to 6) were stated to be his associates Alleging that the accused persons had committed various offences, prayer was made to learned judicial magistrate for taking action in terms of Section 156 (3) Of the Code. The CJM on 13th May, 2002 directed the officer in charge of the Ballygunj Police Station to investigate after taking the petition of complaint as FIR and to submit report before learned Sub-Divisional Judicial Magistrate (in short the 'sdjm'). The case was registered as Ballygunj P. S. Case no. 81 dated 3.6.2002 in Ballygunj Police Station.