NABA KUMAR KHAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By this application, the petitioner prays for setting aside the prosecution report initiated under Section 110 of the Criminal Procedure Code. The case of the petitioner is that a complaint was lodged with the Officer-in-Charge, Kanksa Police Station on 31st March, 2014. On the basis of such complaint, an enquiry was held. On enquiry it was submitted that the prosecution under Sections 107/116(C) of the Criminal Procedure Code ought to be initiated against the writ petitioner herein.

(2.) A show cause notice was issued and this was made returnable on 16th April, 2014.

(3.) The proceeding under Section 107 of the Criminal Procedure Code was initiated. A note was made by the Executive Magistrate, Durgapur, on the basis whereof instruction was given to initiate proceeding under Section 110 in stead of Section 107 as the petitioner is a habitual offender. Accordingly, permission was sought for initiating the proceeding under Section 110 of the Criminal Procedure Code.