SIDHINATH LAHKAR Vs. STATE

JUDGEMENT

(1.) THIS Criminal Revision is directed against conviction Under Sections 323 / 448, Indian Penal Code, and sentence of fine of Rs. 300/ - on each of the petitioners, in default rigorous imprisonment for one month each. The learned Sessions Judge, after appreciating the evidence, agreed with the findings of the trial Court and affirmed the conviction and sentence.

(2.) THE only point raised by Mr. Kataky, the learned Counsel for the petitioners, is that the entire trial is vitiated as the trial court did not itself take cognizance of the offences Under Section 190(l)(a), Cr.PC, and there, after follow the procedure laid down in Chapter XVI Chapter XVII and ultimately the provisions laid down Under Section 252 and the subsequent sections of the Criminal Procedure Code.

(3.) THE learned Counsel contends that the complaint was taken the cognizance of by the Additional District Magistrate (Judicial) on receipt of the same from the complainant and therefore he had no powers of transferring the case to the Judicial Magistrate, who again had no powers to send the complaint, without taking cognizance, to the police for investigation.