PROVAT KUMAR GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) These two Rules which were heard together relate to proceedings in connection with the taking away of one Ha Rani Choudhury from the house of her husband Ham Narayan Roy Choudhury and to criminal breach of trust in respect of certain ornaments said to have been entrusted by the said Ila Rani Choudhury to the petitioner Provat Kumar Ghose.

(2.) It appears that on information given by the husband Ram Narayan Choudhury the Police started a case and after investigation they sent up charge sheet against the present petitioner Provat under Section 406, I. P. C. and under Section 363/120B against the present petitioner and two others. On perusal of the documents submitted along with the charge sheet, the learned Magistrate passed an order on 2-6-1956, directing that the offence under Section 406, I. P. C. shall be tried separately. In the meantime on 19-4-1956, the husband Ram Narayan filed a complaint before the Magistrate against the petitioner and two other persons accusing the petitioner of an offence under Section 498, I. P. C. and the other persons under Section 498/114, I. P. C. The learned Magistrate issued process against the petitioner under Section 498, I. P. C. On 2-6-1956, when, as already stated, he passed an order for separate trial of the offence under Section 406, I. P. C., he made a further order that the offences under Section 366, I. P. C. and Section 498, I. P. C. shall be "tried" together. Proceeding thereafter apparently under Section 207A, Cr. P. C. the Magistrate has examined some witnesses in connection with the alleged offence under Sections 336 and 498, I. P. C. As regards the offence under Section 406, I. P. C. he started separate proceedings and proceeding under Section 251A, Cr. P. C. has framed a charge under Section 406, I. P. C. against Provat.

(3.) These two Rules were obtained by Provat for quashing of the different proceedings pending against him, for transfer of the case from the learned Magistrate to some other Magistrate and also for setting aside the order for joint trial of the offences under Sections 498 and 366, I. P. C.