AMARENDRA NATH TEWARY Vs. BASANA LOHAR (MIDYA)

JUDGEMENT

(1.) Petitioner has assailed the impugned order dated 10.08.2018 passed by the Learned Judicial Magistrate, 1st Court Gorbeta, Paschim Medinipore in C.R.Case No.10 of 2018. By the impugned order Learned Magistrate forwarded above mentioned C.R.Case No.10 of 2018, to the Special Court, Medinipore, constituted for trial of offences under The Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1986. The opposite party no.2 on 01.06.2018, filed a petition of complaint under Sec. 156(3) of the Code of Criminal Procedure before the Learned Additional Chief Judicial Magistrate, Gorbeta seeking direction upon the officer-incharge of Gorbeta, Police station to treat the said petition as an F.I.R. against the present petitioner and his daughter under the relevant provisions of The Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1986.

(2.) Instead of sending the said petition to the concerned P.S for treating the same as an F.I.R., Learned Magistrate registered the same as a complaint case and took cognizance of the offence and transferred the same to Learned Judicial Magistrate, 1st Court, Gorbeta for disposal.

(3.) On 26.06.2018, the Learned Magistrate, 1st Court, Gorbeta examined the complainant and another witness under Sec. 200 of the Code of Criminal Procedure. Thereafter, he formed an opinion that further investigation regarding the alleged facts of the case was required to be made. As such, he directed Gorbeta Police Station authority to investigate the facts of the complaint and to submit a report.