ILA KAYAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The hearing arises from an application under Sections 397/ read with Section 482 Cr.P.C. filed by the petitioner praying for revision of the order being No.30 dated 23.03.99 passed by the learned Judicial Magistrate, 6th Court, Howrah in G. R. Case No. 34/95.

(2.) The circumstances leading to the above app, cation are that the petitioner as de facto complainant filed a complaint under Sections 448/379/ 380 I.P.C. against O. P. Nos. 2 to 4 which was referred to the Inspector-in- Charge, Bally P. S. under Section 156(3) Cr. P. C., and the police after completion of investigation of the said case being Bally P. S. Case No. 4/95 filed charge-sheet under Section 448 I. P. C. The accused persons filed a petition praying for discharge in view of the decision in Common Cause Case reported in AIR 1996 SC 1619 which was rejected by the learned Magistrate on 05.07.97. The criminal revision being C.R.R. No. 2827/97 preferred against the said order was dismissed on 23.09.98 with a direction to the learned Magistrate to dispose of the case within three months from the date of communication of the order. The evidence of the complainant and her witnesses were concluded and the case was posted for evidence of I.O. on 23.03.99. Summons upon the I.O. could not be served, and rejecting the prayer of learned A.P.P. for adjournment, the learned Magistrate fixed the case on 24.03.99 for examination of the accused persons under Section 313 Cr.P.C. Though the petitioner filed a petition for adjournment for bringing stay order from this Court against the said order dated 23.03.99, the accused persons were examined under Section 313 Cr.P.C. on 24.03.99.

(3.) Being aggrieved by and dissatisfied with the said order dated 23.03.99, the petitioner has come up before this Court.