KALISADHAN ADDYA Vs. NANI LAL HAZRA

JUDGEMENT

(1.) The Rule has been issued to show cause why the order passed by the Sessions Judge of the 24-Parganas, dated the 12 September, 1924, should not be set aside, or such other or further order passed as to this Court may seem fit. The order in question was passed by the learned Sessions Judge under the provisions of Section 476-B of the Code of Criminal Procedure.

(2.) The petitioner was the complainant in a case under Section 406 of the Indian Penal Code which he had instituted against one Nani Lal Hazra. The case was triad by the Honorary Magistrate, Rev. K.P. Banerjee, who, on the 23 May, 1924, acquitted the accused, Nani Lal, on the charge on which he was tried. On an application made by the accused, Nani Lal, the petitioner was called upon to show cause as to why he should not be prosecuted under the provisions of Section 476 of the Criminal Procedure Code. The petitioner showed cause, and the learned Honorary Magistrate, on the 11 July, 1924, after hearing the petitioner, passed an order to the effect that he did not wish to prosecute the petitioner. The accused Nani Lal thereupon preferred an appeal, under the -provisions of Section 476-B of the Criminal Procedure Code, to the learned Sessions Judge, and the learned Sessions Judge, on the 12th September, 1924, passed the order which forms the subject-matter of this Rule.

(3.) The relevant portion of the order of the learned Sessions Judge, wherein he gives his reasons for making the order which is complained of, runs in these words: "The learned pleader for the petitioner urges that it has been shown that the opposite party made deliberate false statements. They are detailed in the petition (meaning the petition presented by the accused Nani Lal in this Court). The opposite party has appeared. The cause shown is not sufficient. The appeal will be allowed. Let a complaint be made to the Magistrate directing the prosecution of the opposite party under Secs.211 and 193 of the Indian Penal Code."