BANKSHIDHAR AGARWALLA Vs. THE STATE

JUDGEMENT

(1.) THIS is an application Under Section 526 of the Code of Criminal Procedure in a case pending before the learned First Class Magistrate at Dhubri, in which the complainant is one Bangshidhar Agarwalla and the accused one Dinanata Sarma.

(2.) THE complaint was filed by the complainant Under Section 379 of the Indian Penal Code against the accused, and it was sent to the Police by the learned First Class Magistrate for a preliminary enquiry. In due course, the Police submitted a report, stating that the matter was a civil matter. The learned Magistrate, acting upon the report of the Police, dismissed the complaint Under Section 203 of the Code of Criminal Procedure. The complainant then applied under the provisions of Section 436, Cr. P.C. to the Sessions Judge, L. A. D., who, by his order, dated 10 -1 -51, set aside the order of dismissal and directed the learned First Class Magistrate to make a further enquiry into the complaint. Meanwhile, the original Magistrate was replaced by another "Magistrate, and when the matter came up before the successor of the original Magistrate, he ordered a preliminary enquiry to be made, in spite of the order of the learned Sessions Judge for a further enquiry. We will presently refer to this aspect of the case.

(3.) AS regards paragraph 8, we do not think - assuming that the allegation of fact is correctly stated, - that it constitutes an apprehension in the mind of the complainant that he would not obtain a fair trial at the hands of the Magistrate nor do we think the statement contained in paragraph 9, can be fairly regarded as creating an apprehension in the mind of the complainant that he would not obtain a fair trial at the hands of the Magistrate.