JAHARLAL ROY Vs. SATYABALA PANJA

JUDGEMENT

(1.) The petitioner has preferred the present revisional application challenging the order passed by Ld. Judicial Magistrate, 3rd Court, Katwa, Burdwan dated 6th February, 2012 directing the issuance of summons against the petitioner under Sections 448, 323, 506 of the Indian Penal Code.

(2.) The opposite party filed a complaint under Section 156(3) of the Code of Criminal Procedure before the Additional Chief Judicial Magistrate, Katwa, Burdwan against the petitioner alleging that, they committed the offence under Sections 448, 323, 506 of the I.P.C. Ld. Additional Chief Judicial Magistrate, Katwa after taking cognizance, transferred the case to Ld. Judicial Magistrate, 3rd Court, Katwa for disposal.

(3.) Ld. Judicial Magistrate on February 6, 2012 examined the complainant under Section 200 of the Code of Criminal Procedure and found a prima facie case has been made out. He directed for issuance of summons upon the petitioner fixing a date for appearance. The petitioner/accused person being aggrieved and dissatisfied with the order dated February 6, 2012 has made the present application u/S 482 of the Code of Criminal Procedure for quashing of the proceedings being case No.332 C/11 under Sections 448, 323, 506 of the Indian Penal Code pending before Ld. Judicial Magistrate, 3rd Court, Katwa, Burdwan on the ground that Ld. Magistrate passed the order impugned illegally, without considering the mandate of the provision and without applying the judicial mind. As such the proceeding initiated against the petitioner is liable to be quashed.