RAKESH CHANDRA Vs. UNION OF INDIA & ANR

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal Procedure filed at the instance of accused petitioner Rakesh Chandra seeking to set aside the Order No. 14 dated 20.3.2001 passed by the Learned Chief Judicial Magistrate, Barasat in connection with Case No. 531 of 2000 whereby and whereunder the learned Court below has taken cognizance upon a complaint received by him under Section 135(1)(a)(b)(i) of Indian Customs Act, 1962.

(2.) The short facts leading to the filing of the afresaid application are as follows :- Opposite Party No. 1 filed a complaint dated 27th August, 2001 under Section 135(l)(a)(b)(i) of Indian Customs Act, 1962 dated 20th September, 2001 before the Ld. Chief Judicial Magistrate, Barasat in connection with the aforesaid case.

(3.) It has also been alleged that the abovementioned rase was fixed on 7th January, 2002 for filing complaint by the prosecution and also for appearance of the accused-petitioner on the same date, but the Ld. Magistrate by Order No. 14 dated 20th September, 2001 has been pleased to take cognizance upon the complaint filed by the opposite party.