SUSHILABALA MITTER Vs. STATE

JUDGEMENT

(1.) This is a petition in revision for quashing the proceedings now pending against two accused persons in the Court of the Additional Chief Presidency Magistrate, Calcutta, or in the alternative, for setting aside the order refusing to exempt Petitioner no. 1 from personal appearance in court.

(2.) On behalf of the Petitioners it is contended, in the first place, that summons had been issued under Section 380, Indian Penal Code, though in the petition of complaint the complainant had merely stated that he had been informed by other persons about the commission of the particular offence during his absence from Calcutta.

(3.) His statement on this point is merely a hearsay. Such hearsay evidence being clearly inadmissible, the magistrate ought not to have taken cognisance of the offence and to have issued summons upon such inadmissible evidence. The complaint ought to have been dismissed summarily.