NARSING DAS LAKHOTIA Vs. STATE

JUDGEMENT

(1.) The four persons who are the petitioners in Revision No. 783 of 1953 and Kunjalal Goenka who is a petitioner in Revision No. 784 of 1953 and one Muhammad Yusuf were prosecuted for offences under Section 120B read with Sections 420, 467/471 and 403/34, I. P. C. The enquiry under Chapter 18, Criminal P. C., commenced in the court of Mr. P. Ghose, Presidency Magistrate, Calcutta. After some witnesses had been examined, pardon under Section 337, Criminal P. C. was tendered to Mahammad Yusuf and he was examined as a witness in the case. After the prosecution had examined its remaining witnesses and the defence had examined four witnesses the learned Magistrate passed the following order :

(2.) In disposing of the Rule the following observations were made by Mitter, J.:

(3.) Apparently, however, in view of this observation the learned Magistrate to whom the case was transferred felt himself bound to treat as a nullity the orders passed by the Magistrate Mr. Ghose on 30-10-1952 discharging Kunjalal Goenka and Harbans Narain Singh and the other order framing charges for different sections for trial in the Magistrate's Court. The conclusion is recorded by the learned Magistrate in these words :