SUKUMAR DALAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) AGGRIEVED by an order passed by the learned Additional Chief Judicial magistrate, Contai in exercise of power conferred on him under Section 156 (3) of the Code of Criminal Procedure, forwarding a petition of complaint relating to the offence punishable under Section 493/109 of the Indian Penal code to the Inspector-in-Charge, Contai Police Station for treating the same as FIR and to cause investigation and the registration of the Contai Police station Case No. 17/08 for the self-same offences, the petitioner invoking provisions of Section 483 of the Code of Criminal Procedure moved the instant criminal revision.

(2.) THE learned Counsel, Mr. Prabir Kumar Mitra, appearing for the petitioner vehemently contended before this Court since the offence allegedly committed are non-cognizable, as such the impugned order passed under Section 156 (3) of the Code is wholly illegal and without jurisdiction and the FIR registered pursuant to such order is liable to be quashed.

(3.) MR. Arindam Jana, the learned Counsel, appearing on behalf of the complainant/opposite party No. 2 submitted before this Court since the learned Magistrate is empowered to forward a complaint relating to non-cognizable offence to the police for investigation under Section 155 (2)of the Code of Criminal Procedure, the order impugned cannot be deemed to be without jurisdiction. According to him this is a case of misquoting of section and as such the question of quashing of the FIR does not a,t all arise. Mr. Jana in support of his contention relied on the following decisions ; ram Swarup v. Mohd. Javed Razaek and Anr. , reported in 2005 Cr LJ (SC) 1725, Mrs. Rupan Deol Bajaj and Anr. v. K. P. S. Gill and Anr. , reported in air 1996 SC 309 as well as an unreported decision of this Court relating to c. R. R. No. 223 of 2o03 in the case of Kajal Jotwani v. State.