BHUJANGA BHUSAN DAS Vs. STATE

JUDGEMENT

(1.) This is a petition for revision of an order of the Sessions Judge of Midnapur, dated the 2nd July, 1956, by which an order of dismissal of complaint under Section 203 of the Code of Criminal Procedure made by the sub-divisional Magistrate of Tamluk was set aside.

(2.) The facts briefly stated are these. An Information was lodged with the police that one Basanta Das had been killed by gun fire. After the usual investigation the police submitted a charge-sheet under Section 324/148 of the Indian Penal Code. Nineteen persons were proceeded against and the case was transferred to the Court of Sri D. Basu Roy before whom an application was made, after some evidence had been recorded, for process against Bhujanga Bhusan Das, the present petitioner. The ground stated was that the evidence disclosed a case under Section 302 of the Indian Penal Code which clearly suggested the complicity of the petitioner in the murder of Basanta Das. Sri Easu Roy did not accede to the prayer when an application was made to the Sessions Judge who, however, purported to exercise jurisdiction under Section 436 of the Code of Criminal Procedure and set aside the order of the Magistrate. The effect of the Judge's order was to put Bhujanga into the proceedings. The petitioner Bhujanga Das then applied to this Court challenging the legality of the order of the Sessions Judge, and this Court in Criminal Revision Case 254 of 1955 made the Rule absolute and held that the order of the Sessions Judge was not a valid and proper order. This Court further made it clear that it would be perfectly open to the Magistrate who was dealing with the proceedings to consider whether on the materials before him he should summon the petitioner Bhujanga Bhusan Das to answer a charge of murder.

(3.) It appears that the proceedings were then transferred to the file of another magistrate Sri S. K. Das Gupta, and on the 6th September, 1955, the Court sub-Inspector prayed again for process against the petitioner under Section 148 of the Indian Penal Code. This, learned Magistrate also refused the prayer. On the 1st November, 1955, there was a further application for process against Bhujanga Bhusan Das which was again disallowed. This was followed by another representation to the Magistrate on the 14th November, 1955, and the Court sub-inspector prayed for an adjournment of the proceedings to enable the prosecution to put in a supplementary charge-sheet against Bhujanga Bhusan Das. The prayer for adjournment was disallowed.