NABULAL SHAW Vs. STATE

JUDGEMENT

(1.) LET this matter be treated as on day's list.

(2.) IN this revisional application the order dated 22.9.95 passed by the Learned Sub -Divisional Judicial Magistrate, Howrah in G.R. Case No. 366 of 1995 arising out of Howrah Police Station Case No. 47 dated 20.2.95 has been challenged with the prayer for setting aside the same order on the ground that there has been non -compliance of section 207 and also 209 of the Cr. P.C. After hearing the Learned Advocate representing the petitioner, I find that it is a case in which matter can be disposed of without issuing a notice on the State inasmuch as the order in question on the face of it is a clear violation of appropriate provisions of Cr. P.C. A scrutiny of the order dated 22.9.95 shows that the Learned Magistrate fixed three (3) days namely 6.10.95, 20.10.95 and 3.1 1.95 for production and supply of copies to the accused person. The order further shows that since it was a case under section 302 I.P.C. as well he committed the case to the Court of Sessions by the self same order with the direction on the accused person to appear before the Court of Sessions on a certain date. The Learned Advocate Mr. Balai Chandra Ray referred to sections 207 and 209 of the Cr. P.C. apart from referring to some decisions of the Supreme Court on the point. In my opinion these two sections are sufficiently clear and show the course to be followed by the Learned Magistrate in the event of case to be tried exclusively by the Court of Sessions. Section 207 Cr. P.C. deals with the supply of copy to the accused persons of those papers as mentioned in the Section. Section 209 Cr. P.C. specifically says that in a case instituted on Police Report the Magistrate before committing the same to the Court to Sessions must comply with the provisions of section 207 Cr. P.C. In the present case this mandatory provision of law has been violated inasmuch as the Learned Magistrate by the self -same order directed the copies to be supplied to the accused persons and simultaneously committed to the case to the Court of Sessions. This procedure is unheard of and clearly hits the appropriate provision of Criminal Procedure Code. The orders being illegal cannot stand. In the result the order dated 22.9.95 passed by the Learned S.D.J.M., Howrah in G.R. Case No. 366 of 1995 is set aside. The Learned Magistrate is directed to comply with the provisions of section 207 Cr. P.C. before committing the case to the Court of Sessions. In the result the revisional application succeeds.

(3.) ON the verbal prayer of the learned Advocate. Let the certified copy of the impugned order dated 22.9.95 be handed over to the learned Advocate after giving the xerox copy of the same.