BASU CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under sec-tion 561A of the Code of Criminal Procedure (hereinafter referred to as 'the Code') has been preferred by the petitioners for quashing a proceeding under Section 110 of the Code, and is directed against the order dated 11-6-68 of the Subdivisional Magistrate refusing to drop the proceeding and transferring the case to the court of another Magistrate for disposal.

(2.) In order to appreciate the points for consideration in this case it will be necessary to state the facts in brief. On 7-12-62 Sukhdeo Choudhary and 7 others filed a petition before the Subdivisional Magistrate for starting a proceeding under Section 110 of the Code against these five petitioners and four others including one Jaikrishna Roy. The Subdivisional Magistrate sent the petition to the Police for enquiry and report, who submitted a report dated 22-12-62 alleging inter alia that the petitioners were living in pomp and show and they were accused in some serious cases but were later on acquitted. The Subdivisional Magistrate by his order dated 8-1-63 drew up a proceeding under Section 110 of the Code against the petitioners and others. It will be useful to quote the relevant portion of the said order:

(3.) Learned counsel appearing on behalf of the petitioners assailed the order dated 11-6-68 of the Subdivisional Magistrate and made the following submissions for consideration: (i) The proceeding has become stale and on that ground alone it is fit to be quashed. (ii) The order dated 8-1-63 is bad because it is a composite order. (iii) The order dated 8-1-63 is contrary to the provisions contained under Section 112 of the Code.