NARENDRALAL MUKHERJEE Vs. THE STATE

JUDGEMENT

(1.) THIS petition of revision is directed against an order of Shri A. Mukherjee, special Magistrate dated 23 -8 -1955, by which he held that on the charge -sheet submitted to him, he had taken cognizance of the case and that there was no ground for quashing the charge -sheet.

(2.) THE petition for the quashing of the charge -sheet was made by the accused under the following circumstances: The petitioner is an officer of class II of North Eastern Railway. At the relevant date he was Inspector of Works. On receipt of confidential report Shri G. C. Deb, Sub -Inspector of Police of Special Police Establishment informed the Deputy Commissioner of Police, Special Police Establishment that the petitioner had committed offences under Sections 408 and 477A, Penal Code in respect of 3706 bags of cement belonging to the Railways. The case was registered on 19 -5 -1954.

(3.) I have heard the learned Counsel for the petitioner at some length. He has argued that there is no specific provision in the Code by which a Magistrate may order the police to submit a charge sheet. Even if he is of the view that there is reason for believing that an offence has been committed, he may order investigation but not direct or order that a charge -sheet must be submitted. The direction does not appear to be justifiable under any provision. Mr. Medhi made no attempt to support it. The learned Magistrate on receiving the Police report had however power to summon the accused if he so thought.