MAHABIR PRASAD AGARWALA Vs. STATE

JUDGEMENT

(1.) THIS is a petition in revision to quash proceeding under Section 411 of the Indian Penal Code pending against the petitioners in the Court of a 1st class Magistrate of Boudh on the ground that the entire proceeding was initiated without jurisdiction.

(2.) ON 14-12-55 one Ramgopal Seth gave a written report at Manmunda police station in Boudh sub-division to the effect that some gold ornaments and cash were stolen from his house. The local police at first recorded merely a station-diary entry but on 16-12-55 they instituted a regular F. I. R. and took up the investigation of the case. After completing investigation a Final Report was submitted on 8-2-56 to the effect that though there was some suspicion against the petitioner Mahatair Prasad Agarwala the evidence was insufficient for submitting charge-sheet against him. The Final Report appears to have been received in the Subdivisional Magistrate's office on 13-12-56 but there was some delay in its being put up before the Subdivisional Magistrate. On 18-2-56, however, the informant Ramgopal Seth filed a protest petition before the same Magistrate alleging that police had not investigated the case properly and requesting the Magistrate either to call for charge-sheet or direct a judical enquiry. On this protest petition a Magistrate in-charge (as the S. D M. was not in station) passed the following order

(3.) ON 12-4-56, however, the Subdivisions Magistrate passed the following order in the order-sheet: "heard the lawyer for the complainant Ramgopal Seith. Sri L. N. Ghose will hold an enquiry and submit a report by 15-556. " Sri L. N. Ghose held a regular enquiry, examined the informant Ramgopal Seth on solemn affirmation and four other witnesses cited by him and then submitted a report to the Subdivisional Magistrate dated 5-6-56 to the effect that there was prima facie evidence to prosecute the petitioner Mahabir Prasad Agarawala and his sister Lakshmi for an offence under Section 411 I. P. C. The Subdivisional Magistrate then passed the following order on 6-6-56: