AMZAD ALI Vs. MARFAT ALI BISWAS

JUDGEMENT

(1.) By the instant application styled as one under Art. 227 of the Constitution of India, the accused of C.R. Case No. 120 of 1991 of the Court of Sub-Divisional Judicial Magistrate, Lalbag, moved this Court in its criminal revision jurisdiction praying for setting aside the order dated 19th April, 1991 passed in Misc. Appeal No. 80 of 1989 of the Fourth Court of Additional District Judge, Murshidabad, and also for quashing the criminal proceeding in C.R. Case No. 120 of 1991 of the Court of Sub-Divisional Judicial Magistrate, Lalbag.

(2.) The facts and circumstances giving rise to the present application, as far as can be gathered from the materials placed before this Court, may in short, be stated as follows :

(3.) The learned Munsiff held a preliminary inquiry and upon consideration of all the evidence that was led during that inquiry, he was of the view that the respondent No. 1 had not been able to make out a prima facie case against the plaintiff petitioner under S. 471 of the I.P.C. and in such view of the matter, the learned Munsiff dismissed the Misc Case on 29-4-1989 and refused to lodge a complaint as prayed for.