NAFAR CHANDRA PAL CHOWDHURY Vs. EMPEROR

JUDGEMENT

(1.) These rules are directed against two orders of the Districts Magistrate of Nadia drawing up proceedings under Secs.107 and 110 of the Criminal P. C. against the petitioner Nafar Chandra Pal Chowdhury. The petitioner is a wealthy zemindar aged 74 years, and in his early days he was more than once commended for his public spirit and liberality. In February last some tenants of village Mahajanpur his zemindari who have become refractory submitted a memorial to His Excellency the Governor of Bengal. This memorial was sent down to the Collector of Nadia for disposal. The Collector sent it to the Sub-Divisional officer of Meherpur for report after local enquiry The Sub-Divisional Officer reported in detail after examining the large number of witnesses. The substance of his report is that out of six definite allegations made in the petition four were not established. The remaining two he believed to be true as against the zemindar's servants, but held that the zemindar's responsibility for these acts had not been established. On receipt of this report the learned District; Magistrate of Nadia drew up the proceedings which in these Rules we are asked to quash.

(2.) These proceedings are based on the petition and the report, Reading the two together it is impossible to hold that they, furnish any material sufficient to justify proceedings either under Section 107 or under Section 110, Criminal Procedure Code. The proceedings themselves show that it was on this report and petition and on no other material that they are based. The explanation submitted by the Magistrate shows clearly that he has come to the conclusion that the petitioner is guilty of all the accusations against him and that he is clearly prejudiced against him. But the explanation does not disclose what grounds the Magistrate has for coming to this conclusion. This Court seldom interferes in the preliminary stage with the discretion of the Magistrate taking action under the preventive sections of the Code of Criminal Procedure, but when in a case like this the material on which the orders are based are clearly insufficient to support those orders we feel bound to interfere.

(3.) We accordingly make these Rules absolute and quash the orders of the District Magistrate calling on the petitioner to show cause both under Secs.107 and 110, Criminal Procedure Code.