STATE Vs. BIKASH CH. MAJUMDAR

JUDGEMENT

(1.) THIS is a reference under Section 395(2) Cr. P.C. by Sri S. C, Mazumdar, Chief Metropolitan Magistrate, Calcutta, in connection with G. R. Case No. 123/1974.

(2.) THE facts leading to the reference of the case may be, briefly stated, as follows: The aforesaid G. R. Case was started on a Police Report in which ultimately charge -sheet was submitted against the accused under Sections 420, 467/471, I.P.C. on 6 -2 -1974. It was pending before a Metropolitan Magistrate for committal enquiry on l -4 -1974, the date of commencement of the new Code. Following the provisions laid down in the proviso to the Section 484(2)(a) of the new Code the case was committed to the City Sessions Court by order dated 22 -4 -1974. The learned Judge, City Sessions Court, however, referred back the case to the Chief Metropolitan Magistrate under Section 228(1), Criminal Procedure Code after framing charges under Sections 420, 467, 468 and 471, Indian Penal Code.

(3.) MR . Prasun Chandra Ghosh appearing for the State justified the order of the Sessions Judge referring back the case to the Chief Metropolitan Magistrate and he admitted that the difficulties felt by the learned Chief Metropolitan Magistrate were more imaginary than real and should any situation arise during trial before the Chief Metropolitan Magistrate recourse may be taken to the provisions laid down in Section 323 of the New Code for commitment to the Court of Session for imposition of adequate punishment.