CHAIRMAN BOLPUR MUNICIPALITY Vs. SUSHANTA SENGUPTA

JUDGEMENT

(1.) THIS application is directed against an order dated 2 4/1 1/84 passed by Shri A. K. Raha, Judicial magistrate,1st Class, Bolpur, Birbhum in G. R. case No. 132 of 1982 under sections 34 1/352/427/307 of the Indian Penal code.

(2.) IT appears that over the self-same incident alleged to have occurred on 5/6-3-82, both the parties to the present petition lodged information with the Police which matured into g. R. case No. 132 and 133 of 1982 of Bolpur Police Station. On 11/2/84 the petitioner applied to the learned Magistrate seeking permission to engage the: lawyer of Bolpur Municipality to assist the J earned Assistant Public Prosecutor in charge of the case. This application was rejected on 15/2/84. The petitioner came to this court in revision and on 3/4/84 tie hon'ble Mr. Justice Monoj Kumar Mukherjee set-aside the order and directed the learned Magistrate to accord permission as per the prayer of the petit bonaer. This order of the Hon'ble court was brought to the notice of the learned Magistrate sometime in May, 1984.

(3.) THEREAFTER on 2 8/8/84 the petitioner again filed an application before the learned Magistrate praying for re-investigation in the aforesaid cases and for its analogous hearing with the other cases started at the instance of the respondent. subsequently on 18/9/84 the petitioner filed a fresh application for re-investigation as per the direction of the learned Magistrate- By his order dated 2 4/1 1/84 the learned Magistrate did not allowed the prayer for re-investigation. Hence the present revisional application before this court.