MOHAN CHOUDHURY Vs. THE STATE

JUDGEMENT

(1.) THIS revision petition arises out of the order of the magistrate Shri K.P. Dutt rejecting certain preliminary objections taken by the petitioner before the framing of the charges against the petitioner In P.S. case No. 53(5)60. The petitioner moved the Sessions Judge in revision against the order of the magistrate. But the Sessions Judge rejected the revision and stated that this was not a fit case to make a reference to this Court.

(2.) ON 21.5.1960, Shri K.P. Chakraborty, Sub -divisional Magistrate, Sadar sent a report to the O/C, Kotwall police station stating that on the said date the petitioner led a procession of 150 persons at about 6 P.M. shouting slogans and on reaching the main gate of the Rehabilitation office tried to force entry into the office and started pushing the police officers and constables on duty and that Shri K.P. Chakraborty as S.D.M. asked the assembly to disperse to which they did not pay any heed, but hurled bricks at the police causing injury to some of them, that thereupon the S.D.M. declared the assembly unlawful, but the violent activities were continued and that finally on the order of the S.D.M. to disperse the unlawful assembly and to arrest the petitioner, who was the leader of the assembly, the police dispersed the riotous mob by the application of force and arrested the petitioner. The S.D.M. requested the O/C, Kotwali police station that a case under Sections 147 353 and 332, I.P.C. and Section 11 of the West Bengal Security Act be started and investigated. This was treated as a first information report by the O/C, Kotwali police station and P.S. case No. 53(5)60 under Sections 147 332 and 353, I.P.C. and Section 11 of the West Bengal Security Act, was registered at once and a report was immediately sent by the O/C, Kotwali police station to the S.D.M., enclosing a copy of the S.D.M.'s own report to him, while sending the petitioner to the S.D.M. requesting a remand and praying that he should not be released on bail. The order -sheet of the S.D.M. for 21.5.1960 shows that he passed the following orders:

(3.) THEN police Instigation followed and charge sheet was filed against the petitioner on 6.7.1960 under Sections 147 149 332 and 353 I.P.C. and Section 11 of the West Bengal Security Act. On 11.7.1960, Shri K.P. Chakraborty, the S.D.M. passed the following order: