HARI GHOSH Vs. SUSHIL KUMAR CHAKRAVARTY

JUDGEMENT

(1.) This Rule at the instance of the accused in a case under Section 448, Indian Penal Code, is against an order by a Magistrate resummoning him after he had been already discharged under Section 259, Code of Criminal Procedure.

(2.) The facts briefly are that on the report of the Chairman of the Rajpur Municipality to the officer in charge of Sonarpore Police Station, a charge sheet was submitted by the Police after investigation against the present Petitioner under Section 448, Indian Penal Code. The Petitioner appeared before the Magistrate and after a number of adjournments the case stood adjourned on 22-8-55 to 20-10-55. On October 20, 1955, the parties asked for time for a compromise and the Magistrate allowed them time till November 18, 1955. Further time was granted and the case stood adjourned to 19-12-55, when the following order was passed:

(3.) Then on February 22, 1956, there was a petition before the Magistrate on behalf of the Chairman of the Municipality. In this petition it was stated first that the case was one, not on a complaint but under charge sheet submitted by the Police and that there was no direction on the prosecution to produce witnesses on December 19, 1955, and consequently no witnesses were produced. It was further pointed out that a discharge order under Section 259, Code of Criminal Procedure, could not be passed in the case as it was not a case on complaint.