MAHAMMED ISMAIL Vs. TRIPURA ADMINISTRATION

JUDGEMENT

(1.) THE learned Sessions Judge has made this reference with a recommendation that the order to file a complaint against the petitioner made by Shri P. K. Roy, Munsiff -Magistrate, Sonamura on 80 -9 -1959 may be set aside and the proceedings in C. R. case No. 447 of 1959 which has been started against the petitioner on the basis of the said order may be quashed.

(2.) ONE Julfu Meah filed a complaint against Chand Meah and 4 others alleging that the 5 accused conspired together and forged a power of attorney as if it has been executed and registered in Pakistan by the complainant in favour of Chand Meah authorising the latter to transfer the complainant's property and that by virtue of the said false power of attorney Chand Meah executed a sale deed of the complainant's property in the name of the rest of the accused

(3.) THE complaint lodged by Md. Ismail on 1 -12 -1958 about the theft in the Police station, long before the present Criminal case started, was produced in Court and the Officer -in -charge of the Police station who took down the complaint was examined by the Magistrate as a Court witness. It was found that the Police had referred the complaint as a true one but stating that the criminal could not be apprehended. But the Magistrate took a different view.