HARI DAYAL SINGHA Vs. BHAJAN CHANDRA SAHA

JUDGEMENT

(1.) THIS is an application under Section 561 -A Cri. P.C. for quashing the proceedings before Shri K. P. Datta, Magistrate First Class, Agartala in Criminal Case No. 7S7 of 1957.

(2.) THE respondent gave Criminal complaint on 7 -6 -57 against the petitioner under Section 489 I.P.C. before the said Magistrate in respect of the Chassis and Engine of a motor vehicle. The Magistrate registered the case as C. R. Case No. 424 of 1957. The Magistrate examined the complainant and issued summons to the petitioner to appear before him on 26 -6 -1957. The petitioner appeared on that date.

(3.) IT was pointed out for the respondent that the Magistrate must be deemed to have adopted warrant procedure in this case and that the discharge of the accused must be treated as having been done under Section 253(2). We have no reason to think that the Magistrate followed the warrant procedure in this case when the Cri. P.C. prescribes for an offence under Section 489 I. P. C that summons procedure should be followed.