DIPAK GHOSH DASTIDAR Vs. SANAT KUMAR MUKHERJEE

JUDGEMENT

(1.) What has been sought to be described as an oasis is nothing else but a teasing mirage; otherwise subtle point has been dangled before this Court, which, however, appealing at the first blush appears to be suffering from basic hollowness.

(2.) With this signature tune, let me cast the symphony of the legal proposition sought to have been harped on behalf of the petitioners before this Court. The basic task for this Court in this revisional application is whether a cognizance taken by the learned Magistrate on the basis of a Petition of Complaint without examining the complainant can be sustained in the event he is not a public servant.

(3.) Let me now proceed to find out as to whether the edifice of the argument of the learned Counsel of the petitioner is based on a solid grounds or simply on quick sand. Since the confection of both the revisional applications are analogous this common judgment would govern the fate of the same.