C MC LENNAN Vs. STATE

JUDGEMENT

(1.) This rule is directed against the orders passed by Shri P. K. Dutta, magistrate, second class Asansol on July 13, 1965 and August 12. 1965 respectively whereby in an inquiry under Section 202 of the Code of Criminal Procedure, he issued summonses on the petitioners on the prayer of the complainant, and on failure of the petitioners to attend court in obedience to the summons issued on them, took cognizance of the offence of non-attendance in obedience to summons under Section 485A of the Code of Criminal Procedure and directed them to show cause why they should not be summarily punished under that section. By this petition, the petitioners prayed for setting aside both the above orders.

(2.) One Ajit Kumar Ghosal lodged a first information report with the police on April 17, 1964, against one Prodyot Kumar Roy alleging criminal trespass and theft. On April 20, 1964 Pradyot surrendered in court and obtained bail. As the police did not submit any report to the magistrate on the first information report, Pradyot was discharged from his bail bond on June 26, 1964.

(3.) Ajit Ghosal thereafter filed a complaint before the sub-divisional magistrate of Asansol, Shri M. N. Brahmachari, on July 27. 1964, and the learned magistrate examined him under section 200 of the Code and asked for a report from the police on the investigation held on the first information report that was lodged at the police-station. The case was adjourned from day to day for non-receipt of report from the investigating officer