MAHABIR PRASAD SHARMA Vs. KEDAR NATH PANDEY

JUDGEMENT

(1.) Thus revisional case arises out of an application under section 401 reed with section 482 of the Code of Criminal Procedure and is directed against the order dated 6-9-1990 passed by the learned Metropolitan Magistrate, 17th Court, Calcutta, in Criminal Case No. C-328/87 [Kedar Nath Pandey v. Mahabir Prasad Sharma]. The revision-petitioner is an Advocate practising in the City Civil Court, Calcutta and other courts. The said ease had its origin in a Naraji petition lodged by the opposite party No. 1 against the submission of a report in final form dated 10.8.1987 in G. R. Case No. 2833 of 1986 which was commenced upon an application under section 156 (3) of the Cr. P.C. being registered as C-357 of 1986. A Xerox copy of the Naraji petition is annexed as Annexure 'A' with the revision petition.

(2.) On 13.1.1988 the learned Additional Chief Metropolitan Magistrate, Calcutta, was pleased to take cognizance and subsequently transfer the complaint case raised on the Naraji petition to the court of the learned Metropolitan Magistrate, 17th Court, Calcutta for disposal. Some witnesses have been examined in the complaint case and some documents have been exhibited. After the closing of the prosecution case the revisional petitioner has filed an application on 9.8.1990 under section 245 Cr. P.C. praying for discharge. A copy of the application has been marked as Annexure 'B' to the revision petition. The opposite party No. 1 filed an application against the petition for discharge. The learned Metropolitan Magistrate after hearing both sides and considering the materials placed before him was pleased to reject the said application for discharge. Being aggrieved by and dissatisfied with the said decision of the learned Trial Magistrate, the revisionist has come up before this Court for quashing the said order on various grounds.

(3.) It appears from perusal of the impugned order of the learned Magistrate dated 6.9.90 in case No. C-328/87 that there were elements, prima facie, of a case under sections 409 and 420 I.P.C. against the revisionist.