GUNADHAR SHEE Vs. STATE OF W B

JUDGEMENT

(1.) This Criminal Revision is directed against an order, dated 17.5.1989, passed by the Chief Judicial Magistrate, Midnapur in G.R. Case No. 607/81 arose of Kotwali P.S. Case No. 20, dated 13.3.1989.

(2.) It reveals from the record that the complainant and few others suffered grievous assault by the accused persons inflicted with the aid of deadly weapons for which they were hospitalised. The investigation ensued and on its completion, the case was put up for trial before the learned S.D.J.M. Sadar, who committed the case and the accused to the Court of Sessions to stand trial.

(3.) Thereafter, the learned Sessions Judge transferred it to the Additional Sessions Judge for disposal who after hearing the parties and consideration of the police report declined to hold the case is exclusively triable by the court of Sessions. As a corollary assumption to the fact, he remitted the case to the Chief Judicial Magistrate with a direction to proceed with the trial after framing charge under Section 228 of the Cr. P.C.