PACHA ALIAS NARAN NASKAR Vs. KING

JUDGEMENT

(1.) THIS is a petition for revision of an order of a learned Magistrate whereby he declined to hold that certain proceedings were void ab initio.

(2.) A complaint was made to a learned Magistrate by one Khagendra Nath Haldar alleging that the present petitioner had set fire to a stack of straw on 18th December 1948, and that they were guilty of offences under the Penal Code. It is clear from the order sheet that the Magistrate took no action at all except to send the complaint to the Officer -in -charge of the Mandirbazar Police Station for taking cognizance. In fact that is the allegation made in para. 2 of the petition.

(3.) THE Police investigated and eventually framed a charge sheet and the case proceeded in Court based on the charge sheet. Later it was suggested that the whole of the proceedings were void ab initio because the Magistrate had acted wrongly and reliance was placed on a number of authorities including a very recent authority of this Court to which I am a party.