RAM GOPAL NEOTIA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner in criminal revision case No. 893 of 1965 obtained the present rule against the order of the learned Magistrate virtually scrapping the proceedings gone through by him in an inquiry under Chapter XVIII of the Code of Criminal Procedure and directing a de novo inquiry. The petitioner in Criminal Revision Case No. 925 of 1965 obtained the rule against the order of the same Magistrate summoning him on a supplementary charge-sheet filed by the investigating officer for an alleged offence under Sections 120B/420 of the Indian Penal Code for an inquiry into the offence jointly with the other accused persons named in the original charge-sheet.

(2.) On a complaint filed by one Bindu Bhusan Bhattacharjee, the police submitted a charge-sheet against the petitioner in case No. 893 of 1965 and one Sudhir Kumar Chatterjee. In the charge-sheet, the petitioner in the other case and one Sk. Alimuddin Ahmed were mentioned as witnesses along with others. These two persons had been examined by the investigating officer under Section 161 of the Code of Criminal Procedure in course of the investigation, of the case and their statements were filed in Court along with other papers under Section 173 of the Code and copies of their statements were also made available to the accused persons.

(3.) The learned Magistrate started an inquiry under Chapter XVIII of the Code against the two accused. In course of that inquiry, the de facto complainant in the case applied to the learned Magistrate on three different occasions for issuing warrants of arrest against the petitioner in case No. 925 of 1965 and Sk. Alimuddin alleging that there was a prima facie case against them under Sections 120B/420 and 461/471 of the Indian Penal Code. All these three petitions were rejected by the learned Magistrate,