ABDUL RAHIM, IST PARTY Vs. ABDUL MUKTADIN

JUDGEMENT

(1.) THIS is a reference made by the learned Addl. District Magistrate, Cachar, inviting our interference in the matter of an order passed by the learned First Glass Magistrate Mr. S.K. Bhattaeharjee of Karimganj, by which he directed the police to submit a charge -sheet against one Abdul Muktadir Chaudhuri and others.

(2.) THE facts material to the application are these :

(3.) ACCORDINGLY , we accept the reference and set aside the order of the learned Magistrate of the First Class, Karimganj, directing the police to send up a charge -sheet against the accused persons mentioned in the first information report lodged by the first informant. The learned Magistrate is directed to treat the petition of the first informant before him as a complaint. We wish to point out that in the circumstances of this case, it would be more desirable if the learned Magistrate first held a preliminary enquiry to satisfy himself as to the truth of the complaint.