MANISH RANJAN BISWAS Vs. NEMAI CHANDRA GHOSH

JUDGEMENT

(1.) This is a Reference under Section 438, Code of Criminal Procedure, made by the Additional Sessions Judge, Hooghly, recommending that the order dated June 6, 1970, passed by the Sub--Divisional Judicial Magistrate, Hooghly, and the order dated August 13,. 1970, passed by his successor--in--office should be quashed.

(2.) The facts of the case are as follows: The Petitioner Manish Ranjan Biswas lodged a First Information Report at the Mogra Police Station on March 17, 1970, over an incident which occurred at Keshoram Rayon Factory at Kutighat at 6--30 a.m. on that date making allegations against several persons for commission of various offences. The Police after completing investigation submitted a challan on April 28, 1970, against Nemai Chandra Ghosh and sixteen others in' respect to various offences under the Penal Code. The Sub--Divisional Judicial Magistrate started G.R. case No. 432/70 on the basis of the Police report and took cognizance of the offence.

(3.) The complainant, however, was not satisfied with the Police report as some more persons who were alleged to be involved in the crime were not mentioned in the "charge--sheet and sent up by the Police. As such, on June 6,1970, Manish Ranjan filed a petition of complaint in respect to the same incident relating to commission of the same offences to the Sub--divisional Judicial Magistrate. In the petition of complaint he mentioned the name of seventeen persons as having committed the offences including ten persons in respect to whom the Magistrate had already taken cognizance and as proceeding in G.R. case No. 432/70. The Magistrate took cognizance of the offence for the second time, examined the complainant under Section 200, Code of Criminal Procedure, and issued summons against the accused Nos. 1 to 7, 9 to 12 and 17 under various sections of the Indian Penal Code.