RUPAYAN BHATTACHARYA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Since issue involved in all the three cases are same, the aforesaid three revisional applications are disposed of by this common order.

(2.) Being aggrieved and dissatisfied with the order dtd. 6/7/2019 and 19/8/2019 passed by learned Judicial Magistrate, 1stCourt, Sealdah in case no. C-208 of 2019, the present application under Sec. 482 of the Code of Criminal Procedure has been preferred.

(3.) The petitioner contended that the opposite party herein filed a complaint before the Magistrate concerned alleging the commission of offence punishable under Sec. 499/500/501/502/120B of the Indian Penal Code against the accused persons including the petitioners of the respective cases, inter alia on the allegations to the effect that accused persons with malicious dubious malevolent and spiteful determination, bearing clear mens rea, published libellous news attacking opposite party no.2 in their newspaper. The learned Additional Chief Judicial Magistrate (hereinafter called as ACJM) vide order dtd. 6/7/2019 was pleased to take cognizance of the offence and fixed the next date on 12/7/2019 for service return and appearance. Thereafter, vide order dtd. 12/7/2019, the learned Additional Chief Judicial Magistrate, Sealdah took on record the original affidavit in chief of the complainant/opposite party no. 2 and transferred the original case record to the learned Magistrate 1stCourt, Sealdah, who fixed 19/8/2019 as the date for appearance. It is alleged that on 19/8/2019, the aforesaid trial Magistrate purportedly examined the witnesses of the opposite party no. 2 under Sec. 200 of the Code of Criminal Procedure without following its mandate properly and issued process against the petitioners of the respective cases along with other accused persons mechanically without having application of mind.