HARI CHARAN GORAIT Vs. GIRISH CHANDRA SADHUKHAN

JUDGEMENT

(1.) In this case a rule issued calling upon the Chief Presidency Magistrate to show cause why certain proceedings should not he quashed on the ground that the materials before him did not disclose any offence within Section 477 of the Indian Penal Code; that the sending of the case to the Honorary Magistrate was without jurisdiction, and that under the circumstances the order for seizure of the books ought not to have been made.

(2.) The facts are that, on the 3 of February, one Girish Chandra Sadhukhan acting professedly on behalf of his minor son, Nagendra Nath Sadhukhan, and two infant daughters, made to the Chief Presidency Magistrate a complaint to the effect that in Eaisak 1314, corresponding wi April, 1907, his wife Panna Moyee Dassee had entered into partnership with the three accused, that on her death her interest had devolved upon her children, and that on the death of her father, one Hari Dass Sadhukhan, in Aghran, that is November-December 1909, the three accused acting in the interests of Hari Dass son Johur Lal had fraudulently tampered with the account books of the partnership business.

(3.) In accordance with the prayer of the petition the Chief Presidency Magistrate on this complaint directed the Town Police "to inquire and report and to take possession of the khata books" meaning thereby the jabda (or day books) and the khatians (or ledgers) for the years 1314 and 1315. The investigating police officer submitted his report on the 7 of February.