AGHOR CH DEV BARMA Vs. GOVT OF TRIPURA

JUDGEMENT

(1.) THIS is an application for revision of an order of the Sub -Divisional Magistrate of Agartala taking cognisance of a case against the Petitioner on the ground that the action of the Magistrate was illegal and for quashing the proceedings based on such cognizance.

(2.) IT appears that the learned Magistrate took cognisance on a charge -sheet submitted by the officer in charge of the Kotwali Police Station, in which there is a reference to a first information - No. 33 dated 17 -4 -50. The charge sheet does not conform to the provision of Section 173 (1) (a) nor does it contain the statement of the facts constituting the offences indicated by the sections of the Indian Penal Code noted in column 7 thereof, namely : - 143, 447, 364, 302/34, I. P. C. as required by Section 190 (1) (b), Criminal Procedure Code

(3.) THE main contention of petitioner is that the action of the Magistrate was illegal and the proceedings were liable to be quashed.