KESHAB CH. GUPTA Vs. SHYAMALI DUTTA AND ORS.

JUDGEMENT

(1.) This application is directed against an order dated 27.12.96 passed by the learned Judicial Magistrate, 4th Court, Serampore in C.R. Case No. 576 of 1996.

(2.) The petitioner herein had filed an application under Sec. 156(3) of the Code of Criminal Procedure before the Court of the learned Sub-Divisional Judicial 'Magistrate, Serampore. It was registered as C.R. 576 of 1996. The learned Judicial Magistrate, 4th Court, Serampore, who was in charge of the file of the learned Sub-Divisional Judicial Magistrate on the said date, by a laconic order refused to send the matter for investigation under Sec. 156(3) of the Code of Criminal Procedure for treating it as First Information Report and causing investigation and immediately thereafter transferred the case to his own file. Later on the learned Magistrate after examining the complainant and on perusal of the petition of complaint and initial ezahar, found that no prime facie case was made out as the dispute was purely civil in nature and as such dismissed the same under Sec. 302 of the Code of Criminal Procedure.

(3.) The learned lawyer appearing on behalf of the petitioner submits that the opposite party had cheated the petitioner by virtue of her being a close relation and the allegation preferred by him required investigation by the police and the learned Magistrate was wrong firstly refusing his prayer for police investigation under Sec. 156(3) of the Code and thereafter the same learned Magistrate mechanically dismissed the petition of complaint as he found it was civil in nature although there were sufficient allegations in the petition filed on behalf of the petitioner.