BASUDEB MONDAL Vs. DUD KUMAR PRAMANICK

JUDGEMENT

(1.) THE Criminal Revision No. 1038 of 1970 is directed against the order dated 12 -2 -79 passed by the learned Judicial Magistrate. 6th Court, Alipore issuing summonses under Section 379 I.P.C. against the petitioners Nos. 3 to 7 in Complaint Case No. 63 of 1975 and Criminal Revision No. 1039 of 1979 is directed against an order of the same date passed by him issuing process under Section 379 I.P.C, against the petitioners Nos. 2 to 4 in Com -paint Case No. 65 of 1975.

(2.) COMPLAINT Case No. 63/75 has originated from a complaint filed by the opposite party Dud Kumar Pramanick (in Criminal Revision No. 1038 of 1979) alleging that on 4 -1 -75 and 5 -1 -75 the petitioners and others forcibly trespassed into the disputed land and reaped and removed the paddy grown there by the opposite party. The learned Sub -Divisional Judicial Magistrate examined the complainant and directed an investigation into the complaint by the local J.L.R.O. apparently under Section 202 of the Cr. P.C. Thereafter, he considered the report of the Circle Inspector forwarded by the J.L.R.O. and issued process under Section 379 I.P.C. against Basudeb Mondal and Nishi Kanta Mondal who are two out of 11 persons named as accused in the complaint. The learned Sub -Divisional Judicial Magistrate then transferred the case to the learned Judicial Magistrate, 6th Court, Alipore.

(3.) IN each of these two cases the learned transferee Magistrate examined the complainant as P. W. 1 and after considering his evidence and the report of the investigation forwarded by - the J.L.R.O. has found that there is prima facie case against all the persons named as accused in the petition of complaint and in that view he has issued process under Section 379 I.P.C. against the remaining persons -complained against in the two petitions of complaint.