SUNIL BARAN KANUNGO Vs. STATE

JUDGEMENT

(1.) This is a petition for revision of an order made by the Additional Sessions Judge of Howrah, on November 2, 1954 under Section 437 of the Code of Criminal Procedure directing committal of the Petitioners to the Court of Session to take their trial under Sections 147 and 333/ 149 of the Indian Penal Code.

(2.) These 4 Petitioners along with 37 other persons were proceeded against under Chapter XVIII of the Code of Criminal Procedure for having, as alleged, committed various offences under Sections 147, 333/ 149 and 353 of the Indian Penal Code. The learned Magistrate who held the enquiry preliminary to commitment made an order on July 19, 1954 by which he discharged these Petitioners and all the others proceeded against under Section 209 of the Code of Criminal Procedure. In the view of the learned Magistrate none of the persons could be convicted upon the evidence adduced and he was of the opinion that no jury could find against the accused upon such evidence as was adduced before him.

(3.) An application was, thereafter, made to the Sessions Judge, Howrah, which was directed against this order of discharge passed by the learned Magistrate. The application was eventually heard by the learned Additional Sessions Judge, Howrah, who allowed the application in part and directed commitment of the Petitioners to the Court of Session upon charges indicated above. It is against this order that the present Rule has been obtained.