SOM NATH SARKAR Vs. STATE AND OTHERS

JUDGEMENT

(1.) Let the affidavit of service filed to-day be kept on record.

(2.) By-this revision the defacto complainant has challenged the order dated 10-12-93 passed by Judicial Magistrate 2nd Court Behrampore in G.R. Case No. 1088 arising out of Behrampore Case No.2 dated 1-11-88.

(3.) The fact giving rise to the present revisional application is that upon the complaint of the petitioner a F.I.R. was lodged before the Behrampore P.S. being Behrampore P S. Case No.2 dated 1-11-88 against the accused persons under section 325/326/34. Thereafter the case was started before the Judicial Magistrate 2nd Court Behrampore being G.R. Case No. 1028 of 1988. The learned Magistrate framed charge against the accused persons under section 324/34 Indian Penal Code. Prosecution examined witnesses including medical witnesses and at one point of time the present petitioner made an application before the trial Magistrate for committal of the case to the Court of Sessions under section 323 Code of Criminal Procedure, 1973. The said prayer was refused by the trial Magistrate by his order dated 28-2-93. Thereafter two Doctors were examined on 31-10-92 and then the petitioner again made an application under section 323 of the Code of Criminal Procedure, 1973 alleging that there are materials on record for committing the case to the Court of Sessions. From the evidences it emerges that there are materials constituting an offence under section 307 of the Code of Criminal Procedure, 1973 and the said offence is triable by the Court of Sessions and not by the Magistrate. The learned Magistrate by the impugned order rejected that petition and fixed the case for examination of accused persons under section 313 of the Code of Criminal Procedure on 12-1-94.