ANAM PADHAN Vs. STATE

JUDGEMENT

(1.) THIS is a reference made by the learned Additional Sessions Judge, Puri, recommending the quashing of the order dated 15 -9 -67 in a pending G. R. case on the file of the Sub -Divisional Magistrate, Khurda. By the impugned order the learned Magistrate directed,

(2.) TWO contentions were raised before the learned Additional Sessions Judge. They are: - -

(3.) THE petitioner in this revision is only one against whom summons was ordered to be issued on 15 -9 -67. Charge -sheet had been submitted pursuant to the order of the learned Magistrate against 28 other persons. In consideration of the conclusions reached by me that the direction to submit a charge -sheet was wrong I am bound to hold that the prosecution in the court below is with -out jurisdiction. Therefore, while accepting the reference of the learned Additional Sessions Judge, for the reasons indicated above I also assume jurisdiction under Section 439, Cr. P. C. and direct that the entire proceeding forming the subject matter of G. R. 564 of 1966 on the file of the S. D. M., Khurda be quashed. The reference is accepted.