BRAJESWARI DASS Vs. MONORANJAN DAS ADHIKARY

JUDGEMENT

(1.) THE complaint cotaining allegation of offences punishable under Sections 147, 427, 447, 352 and 379 of the Indian Penal Code committed by the present petitioners was filed before the learned Magistrate who examined the complaint and his three witnesses apparently under Section 200 of Criminal Procedure Code but then he called upon the I.L.R.O. Kakdwip for investigation and report. It has been argued with a good deal of force that the procedure followed by the learned Magistrate was illegal because after embarking on as enquiry by himself by examination of the complaint and his witnesses, he could not entrust the same to the I.L.R.O. Kakdwip. It further appears that then the report of the I.L.R.O. was not available the learned Magistrate considered some document filed by the complaint and thereafter issued process again the petitioners. THEre is no doubt that the procedure followed by the learned Magistrate is not warranted by the Code of Criminal Procedure because after having made part of the enquiry himself, he could not entrust the remainder with the I.L.R.O. and again revert to the enquiry by himself. In such circumstances, the order passed, by the learned Magistrate cannot be sustained and the proceeding is quashed. THE Rule is thus made absolute. Proceeding quahsed.