STATE Vs. RANADA RANJAN SAHA

JUDGEMENT

(1.) This is a reference made by the Sessions Judge, Burdwan under section 438 of the old Code of Civil Procedure.

(2.) A charge-sheet under section 420/471 of the Indian Penal Code was submitted against Ranada Ranjan Saha in the Court of Magistrate, Burdwan. The learned Magistrate, after the accused Ranada appeared before him, by his order dated 17.7.69, framed against him charges under section 465/471 of the Indian Penal Code observing that there was no material to frame charge under section 420 of the Indian Penal Code. Against that order there was a motion before the Sessions Judge who directed that the learned Magistrate should proceed with the case under Chapter 18 of the old Code. The accused moved this Court in Criminal Revision Case No.477 of 1970 against the order of the Sessions Judge. This Court, by its order dated 16.12.70, refused the prayer for quashing the proceeding against the accused and directed the Magistrate to try the case himself adopting the procedure under section 251A of the old Code on the charges under section 465/471 of the Indian Penal Code as framed by him. Trial commenced before him in accordance with the provisions of that section. Four witnesses on behalf of the prosecution have been examined. On 10.4.73 a prayer was made before the learned Magistrate for leave to prove at the trial some documents not mentioned in the charge-sheet. The learned Magistrate granted that prayer by his order dated 10.4.73 directing that copies of the said documents should be furnished to the said accused. When the prosecution offered copies of those documents to the accused, he refused to take them and raised an objection to lead evidence in proof of those documents at the trial. The learned Magistrate heard the parties and by his order dated 16.5.73 recalled the order dated 10.4.73 and directed that the trial should proceed without those documents being proved. It is against that order that the State moved the Sessions Judge giving rise to Criminal Motion No.56 of 1973. The learned Sessions Judge, considering that motion, has made this reference. He has recommended that the said order dated 16.5.73 by which the learned Magistrate recalled his earlier order dated 10.4.73, should be set aside.

(3.) The accused and the State appear before me at the hearing.