ARINDAM MUKHERJEE Vs. DEBASISH BANERJEE

JUDGEMENT

(1.) This application under Section 482 of the Criminal Procedure Code praying for quashing of the proceeding being G.R. case no. 701 of 2009 (Shyampukur Police Station case no. 96 dated 21.4.2009) under Section 497 of I.P.C, has been taken out by Arindam Mukherjee, the sole accused in that case, mainly on the ground that in a case under Section 497 of IPC, i.e., offence against marriage, an order under Section 156 (3) Cr.P.C. directing police investigation is not sustainable in law and continuation of such illegal proceedings is amounting to abuse of process of the Court.

(2.) Mr. Debasish Banerjee (hereinafter referred to O.P. 1) filed one petition of complaint in the Court of learned Additional Chief Metropolitan Magistrate, Calcutta against the petitioner Arindam Mukherjee alleging therein commission of some offences, namely, under Sections 497, 447, 405 and 506 of the Indian Penal code and prayed for referring the same to the police station concerned for the purpose of investigation under Section 156 (3) of the code of Criminal Procedure. The learned ACJM, Calcutta upon receiving the said application, referred the same to the Shyampukur Police Station for investigation and report under Section 173 of the code of Criminal Procedure treating the same as F.I.R. and the Shyampukur Police Station, in turn, registered the same as F.I.R. No. 96 dated 21.4.2009 for the purpose of investigation of alleged offences under Section 497,447,504 and 506(ii) of the IPC. On conclusion of the investigation, a report was filed by the Shyampukur Police Station only in respect of only offence under Section 497 of the IPC. The learned ACJM taken cognizance of offence under Section 497 against the petitioner and proceeded further with the proceedings. The petitioner being the sole accused has come up with this application praying for quashing of the entire proceeding on the ground already stated.

(3.) The only question to be answered in this application is whether the learned Magistrate is empowered to take cognizance of a non-cognizable offence specially offence against marriage on the basis of a police report in view of Section 198 of the code of Criminal Procedure.