DAKHINA RANJAN HORE Vs. STATE

JUDGEMENT

(1.) In. the present Rule the complainant petitioner impugns in revision an order, dated 18.5.87 whereby the learned Sub-divisional Judicial Magistrate, Chandernagore discharged the accused opposite parties Nos. 1 to 9 of a charge under section 506 I.P.C. in C.R. Case No. 319/83 previously numbered as G.R.546/80.

(2.) Pursuant to a First Information Report lodged at Tarakeswar Police Station by the Petitioner who was a J .L.R.O. of Pursurah at Champadanga over an incident that took place on 16.6.80 police registered Tarakeswar Police Station Case No.14, dated 17.6.80 and on 9.2.82 submitted a report under Section 173 Cr. P .C. disclosing commission of non-cognizable offence by the accused opposite parties under Section 506 I.P.C. Strangely enough, without allowing the case to proceed as a case instituted on the basis of a complaint by the investigating police officer, the accused opposite parties were neither proceeded with nor any order was passed on the basis of the said report.

(3.) Thereafter the present petitioner filed a further petition in the said case being G.R. Case No. 546/80 and on 12.8.83 the said case was registered as C.R. Case No. 319/83. The learned Sub-divisional Judicial Magistrate accordingly by an order, dated 12.8.83 took cognizance and issued summons under Section 506 I.P.C. upon the accused opposite parties. On 29.11.83 a Vakalatnama was allowed to be filed on behalf of the present petitioner. On 16.3.85 the petitioner as also the opposite parties were heard on the basis of an application filed by the complainant. No order was, however, passed thereupon. On 18.5.87 an order was passed by the learned Magistrate dropping the proceeding for want of sanction within the meaning of section 197 Cr. P .C. and the accused opposite parties were discharged under section 258 Cr. P.C.