SAHASRANGSHU KANTI ACHARYYA Vs. STATE

JUDGEMENT

(1.) This revisional application is against an order dated the 17th January, 1966 passed by Sri H. G. Roy, the learned Sub-Divisional Magistrate, Malda, in case No. 128 C of 1966 summoning the accused petitioner Sahasrangshu Kanti Acharyya under Section 228 of the Indian Penal Code and in drawing up proceedings against him thereunder.

(2.) The facts of the case are short and ample. On a complaint filed by one Amitava Chattopadhya, the petitioner and the co-accused, one Jnanendra Mohan Misra, were summoned by Sri A. K. Mitra, Sub-Divisional Magistrate, Malda in case No. 2325C of 1965--the former under Section 323 Indian Penal Code and the latter under Section 325 Indian Penal Code. The petitioner and the co-accused, thereafter, appeared before Sri H. G. Roy, the learned Sub-Divisional Magistrate, Malda and were released on bail on the 4th December 1965. On the 17th January 1966, which was the next date fixed, the petitioner as well as the co-accused appeared before Sri H. G. Roy, who was pleased to transfer the case to the file of Sri J. C. Kundu, Magistrate, second class, for favour of disposal. On the same date the learned transferee Magistrate. Sri Kundu, received the case by transfer and passed the following order:

(3.) Against this order the accused-petitioner has come up to this court and obtained the present Rule.