SAMIR SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Petitioner/accused filed this application under Sec. 401 read with Sec. 482 of the Code of Criminal Procedure, 1973 feeling aggrieved by an order dtd. 21/12/2016 passed by the Learned Metropolitan Magistrate, 4th Court, Calcutta in connection with Complaint Case No. C/31380/09 thereby the learned Magistrate framed charge against the petitioner/ accused for commission of an alleged offences punishable under Ss. 193/199/200 of the Indian Penal Code, 1860.

(2.) The brief fact of this case is relevant for disposal of the instant case as follows:

(3.) Upon receipt of such written complaint, the learned Metropolitan Magistrate was pleased to take cognizance of the alleged offences against the petitioner/accused and issued summon for appearance for commission of alleged offences punishable under Ss. 193/199/200 of the Indian Penal Code, 1860. Upon receipt of the said summon, petitioner appeared and obtained bail. Later, a date was fixed for framing of charge against the accused person. It is the contention of the petitioner that without recording pre-evidence or evidence before charge and without following the procedure of trial of warrant case instituted other than a police report, the trial Court was pleased to frame charge against the petitioner/accused person for commission of offences punishable under Ss. 193/199/200 of the IPC and fixed the next date for evidence on 23/2/2017. The petitioner, feeling aggrieved by an order for framing of charge without recording pre-charge evidence, filed this revisional application. The learned Metropolitan Magistrate should have followed warrant trial procedure as provided under Ss. 244/245/246 of the Cr.P.C. and, thereafter, should have been framed charge against the petitioner/ accused person as such charge framed against the petitioner is liable to be set aside.