GOBINDA GHOSH Vs. SUBALA GHOSH

JUDGEMENT

(1.) THIS Rule is for quashing of a proceeding pending in the Court of the learned Sub -Divisional Judicial Magistrate, Arambag and also for setting aside the order dated 28 -3 -1977 passed by him.

(2.) IT appears that on 17 -1 -1977 the opposite party filed a petition of complaint against the petitioners, who are fourteen in number, alleging that after forming themselves into an unlawful assemly being armed with deadly weapons they trespassed into her house on 14 -1 -77 and after abusing her and her son, who was not present, and after assaulting her took away certain quantity of paddy worth about Rs. 250/ -. The learned Sub -Divisional Judicial Magistrate took cognizance on the basis of such complaint and was of the view that since the offences complained of under Sections 395/397 of the Indian Penal Code which were triable exclusively by the Court of Session, he was adopting the procedure laid down under the proviso to Sub -section (2) of Section 202 of the Code of Criminal Procedure. Accordingly, he called upon the complainant to produce all her witnesses for examination on the same day that is to say 17 -1 -1977. He examined the complainant and six of her witnesses who were present and thereafter issued process under Sections 395/397 of the Indian Penal Code against the accused petitioners. The accused petitioners along with others surrendered by petition and they were granted bail. Subsequently, they filed an application before the learned Magistrate for an order of discharge in their favour. This was rejected by the learned Magistrate by his order dated 28 -3 -1977. Thereafter the petitioners moved this Court and obtained the present Rule,

(3.) ACCORDINGLY , the Rule is disposed of in the light of the observations and directions as made above.