CHARITAR JHA Vs. GOBIND SAH

JUDGEMENT

(1.) This application by the sole petitioner under Sec. 561Aof the Code of Criminal Procedure (hereinafter referred to as the Code) is for quashing the entire proceeding, including the order dated the 1st of July, 1969, passed by the Sub -divisional Magistrate, taking cognizance against the petitioner, the relevant portion of which reads as: - -

(2.) On the 28th June, 1969, the opposite party, making more or less similar allegations, lodged a complaint petition before the Sub -divisional Magistrate, stating therein that the police had not instituted a case on the first information lodged by the opposite party. A true copy of the complaint petition is Annexure '2' to the application. The Sub -divisional Magistrate, on the 1st July, 1969, examined the complainant on solemn affirmation under Sec. 200 of the Code, took cognizance against the petitioner under Ss. 420, 427 and 461 of the Indian Penal Code and transferred the case to the Court of Shree S.C. Mukherjee for disposal, where the case against the opposite party was also pending as mentioned earlier. Thereafter the case passed through various Magistrates, before whom the same was transferred under orders of the Sessions Judge. Witnesses were also examined on behalf of the complainant and the proceeding continued till the 9th September, 1970, when it was stayed under orders of this Court dated the 19th August, 1970.

(3.) Mr. S.C. Misra, learned counsel appearing for the petitioner has assailed the impugned order of the learned Sub -divisional Magistrate taking cognizance against the petitioner, as well as he has challenged the entire proceeding. He has raised the following 3 points for consideration of this Court: - -