NAGESWAR SINGH Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS application under Section 439 of the Code of Criminal Procedure is directed against the order dated 31 -12 -71 passed by the Sessions Judge, Dibrugarh and Lakhimpur, in Criminal Motion No. 21 (2) of 1971 directing further inquiry into the matter.

(2.) ON an information lodged by the Honorary Secretary of Hindusthani Vidyalaya, Tinsukia, the police registered a case against the petitioner, who was the Headmaster of the aforesaid Vidyalaya under Section 408 of the Penal Code. Police took up investigation and after completion of investigation submitted charge -sheet against the petitioner under Section 408 of the Penal Code. The accused was produced before the Magistrate, who, on perusal of the materials before him, by his order dated 7 -4 -71, discharged the petitioner under Section 251 -A (2) of the Code of Criminal Procedure. The Sessions Judge then was moved under Section 436 of the Code of Criminal Procedure and the learned Judge by his impugned order held that the order of discharge was not proper. He set aside the order and sent back the case to the Magistrate for further enquiry. The petitioner has filed the present application against this order.

(3.) THE relevant portion of Section 436 of the Code of Criminal Procedure may be quoted: