ARUNANGSU BASU ROY Vs. DEPAK LAYALIKA & ORS

JUDGEMENT

(1.) The cart has been put before the horse. What should have been found place in the epilogue has been included in the preamble. This is the impression surfacing from the impugned order which falls for consideration in this application.

(2.) This application is directed against an Order No. 1 dated 6.3.2000 passed by the learned Chief Judicial Magistrate, Alipore in case No. C- 759/2000. The learned Chief Judicial Magistrate, Alipore, on the basis of the Petition of Complaint after taking cognizance, dismissed the same under Section 203, Cr.P.C. on the ground that the materials prima facie do not disclose any offence and mense rea is wanting and the liability, if any of the accused, is of civil in nature.

(3.) I have meticulously considered the averments made in the Petition of Complaint including the Initial Ejahar and I find that the learned Chief Judicial Magistrate, Alipore has grossly erred in law in dismissing the Petition of Complaint out-right on the above premises. In my view the learned Chief Judicial Magistrate, Alipore, totally misconstrued the provision of Section 203, Cr.P.C. 'Sufficient materials' at the time of issuance of process cannot be equated with the materials required for the purpose of trial.