ABU BAKKAR Vs. BELAL SHEIKH

JUDGEMENT

(1.) THE petitioner is aggrieved by the order of the learned Sub -divisional Magistrate dated the 28th April 1966. By that order, the learned Magistrate took cognisance of a case under Section 436 of the Indian Penal Code against the petitioner and transferred the case to a first case Munsif. Magistrate/C for the purpose of holding an enquiry under Chapter 18 of the Code of Criminal Procedure.

(2.) IT appears that the opposite party lodged a first information report in respect of an occurrence of arson on the 28rd September 1964. The police investigated into the case and submitted a report to the effect that the allegations of the informant were maliciously false. Against the police report, a protest petition was filed by the complainant and, accordingly an enquiry was ordered to be held under Section 202 of the Code of the Criminal Procedure by a Magistrate named Mr. B. G. Bagchi. Mr. Bagchi also reported the case to be maliciously false, and upon a consideration of his report, the Sub -divisional Magistrate dismissed the complaint on the 20th February 1965. The complainant, thereupon, went up in revision to the Court of Session, and the learned Additional Sessions Judge, by his order dated the 28th January 1966, set aside the dismissal of the complaint and directed further enquiry into the same.

(3.) MR . Ghosal has put forward the contention that the order of the learned Sub -divisional Magistrate is misconceived inasmuch as he had already made a direction for further enquiry, after the receipt of the Sessions Court's order, on the 14th February 1966 and, therefore, it was necessary that Mr. Chandra should have been directed to hold a further enquiry instead of merely relying upon the observations of the Sessions Court with respect to the evidence adduced by the complainant in course of Mr. Bagchi's enquiry. Mr. Ghosal has relied upon a number of cases in support of his contention, namely, Udit Narayan Patwari v. Emperor, AIR 1938 Patna 369, Brijnath Sahai v. Babulal, 1956 Pat LR 215 : (1957) Cri LJ 290), Annakali Debi v. Gyanendra Chakravarty, AIR 1938 Calcutta 22, Haroon Abdulla Kachchi v. Gajadhar Sukhdeo Marwadi, AIR 1940 Nag 128 and Emperor v. Maung Ba Thon, AIR 1931 Rang 225 (FB).