SUSHIL KUMAR HAZRA Vs. BANKA MAHATO

JUDGEMENT

(1.) This is a Rule calling upon the District Magistrate of Midnapur and the opposite party to show cause why certain proceedings pending against the petitioners under Sections 147 & 379 of the Indian Penal Code' should not be quashed or why such other or further orders should not be made as, to this Court might seem fit and proper.

(2.) A petition of complaint was filed on the 16th December, 1954, in respect of an occurrence which had taken place on the 13th of that month, in the Court of the Sub-Divisional Magistrate of Midnapur. On receipt of the complaint, the learned Magistrate did not take cognisance of the offence disclosed, but directed the police to do so under the provisions of Section 156 (3) of the Code of Criminal Procedure. The police thereafter took cognisance and held an investigation which resulted in a final report. Directly after the submission of the final report, the complainant submitted a Naraji petition, and the learned Magistrate, without examining the complainant on the Naraji, directed a judicial enquiry to be held into the complaint. Some evidence was taken at that enquiry, and eventually the present petitioners, who were the persons complained against, were summoned and placed on trial. The trying Magistrate discovered that there had been a defect in the proceedings which resulted in the summons on the petitioners and 'discharged' them under Section 253 (2) of the Code of Criminal Procedure. This order of discharge was made on the 9th August, 1956.

(3.) The learned Magistrate who made the order of discharge made it clear that the judicial enquiry had been directed into the complainant's Naraji without previously examining the complainant on the Naraji. In this view, he held that the proceedings had no foundation in law, and without referring to the merits of the matter, he made the order of discharge.