LAWS(CAL)-1999-10-67

PRIYA GOPAL SINHA Vs. STATE OF WEST BENGAL

Decided On October 13, 1999
Priya Gopal Sinha Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) This is a case of Criminal Revision filed under section 482 Cr.P.C. with the prayer for quashing the proceeding in G.R. Case No. 486 of 1995 arising out of Chinsurah P.S. Case No. 107 of 1995 dated 18.4.95, under sections 147/148/448/323/341/354/427/436/506 and 120B I.P.C. and also for quashing the orders dated 10.1.96 and 23.5.96 passed by the ld. Sub-Divisional Judicial Magistrate, Hooghly Sadar, inter alia, on the grounds that taking cognizance by the Magistrate on the basis of the Police report u/s 173(2) Cr.P.C. not accompanied by the statements and documents is bad in law.

(2.) Secondly, in a case where investigation has been directed by the Magistrate u/s 156(3) Cr.P.C., such investigation must be done by the Officer-in-Charge of the Police Station and there is no power of delegation for investigation to any Subordinate Officer and that if for the sake of argument such delegation of power is accepted even then u/s 168 Cr.P.C. the Officer investigating the offence cannot submit a report u/s .173(2) Cr.P.C. to the Magistrate, but such investigating Officer shall submit the result of such investigation to the O.C. of the Police Station and the O.C. being satisfied about the commission of an offence, prima facie, shall himself submit the report to the Magistrate. Mere endorsement by the O.C. on the report prepared by the investigating Officer, to the effect 'forwarded' to the Magistrate is not a compliance with the legal provision.

(3.) Thirdly, it is also contended that such a report must be submitted to the Magistrate who directed investigation u/s 156(3) of the Cr.P.C. and not to any other Magistrate.