MAHAMMAD OZIULLAH Vs. BENI MADHAB CHOWDHURY

JUDGEMENT

(1.) The petitioner has been placed on his trial upon a charge under Section 294A of the Indian Indian Penal Code.

(2.) The Police reported the facts upon which the charge is based, and Mr. Burrows, as Additional District Magistrate, submitted a report to Government for the purpose of obtaining the sanction required by Section 196, Criminal Procedure Code, and the authority was conveyed in a letter issued from the Chief Secretary's Office, and signed by Mr. A. Cassells for Chief Secretary. A Police Officer then made a complaint to Mr. Burrows, and the petitioner was summoned. On the day fixed for hearing Mr. Burrows transferred the case to another Magistrate.

(3.) On these facts two objections are based. The first is that Mr. Burrows was not competent to take cognizance of the case at all, because he had taken a part in initiating the proceedings. The second is that the authority is defective because the letter is signed by Mr. Cassells, and not by the Chief Secretary himself.