STATE Vs. AWOO BEWA

JUDGEMENT

(1.) THIS is an application under section 561 -A of the Criminal Procedure Code for expunging some observations contained in the judgment of the Assistant Sessions Judge, Keonjhar, dated 2nd December, 1960 in Sessions Trial No. 27/12 -K of 1960.

(2.) THE opposite party Awoo Bewa lodged an information on the 16th January 1960 at Keonjhar Sadar Police Station, alleging that two persons named Nakul Nayak and Bipin Nayak had murdered her husband. The Police, after due investigation submitted a final report on the 8th March, 1960 to the Sub -divisional Magistrate with the following remarks : -

(3.) LEARNED Standing Counsel submitted that this view of the Assistant Sessions Judge was wrong but that the State had no intention whatsoever of challenging the order of acquittal on merits. Nevertheless he requested the Court to give an authoritative opinion on the point of law raised by the learned Assistant Sessions Judge, as to whether on the facts of this case a complaint by the Sub -divisional Magistrate was necessary, or whether the complaint by the investigating Police Officer before whom the original information was given by Awoo Bewa was sufficient for her prosecution under section 211 I. P. C.