MANIR AHAMED CHOWDHURY Vs. JOGESH CHANDRA ROY

JUDGEMENT

(1.) This rule was granted on the first ground stated in the petition, namely, that the order of the learned Judge directing the Subordinate Judge to file a complaint against the petitioner is illegal and without jurisdiction. The proceeding under Section 476, Criminal P.C., was begun at the instance of the opposite party before the Subordinate Judge of Chittagong, and the learned Judge was invited to formulate a complaint against the petitioner under that section. This the learned Judge for reasons recorded in his judgment refused to do. An appeal was taken from that decision to the Court of the District Judge of Chittagong and the learned District Judge after stating the facts said as follows; In the circumstances, I am of opinion that there is sufficient justification for placing the opposite party (that is the present petitioner) on trial for forgery under Section 471, I.P.C. The Magistrate after hearing the whole evidence will be in a position to decide whether a charge should be framed or not. Hence ordered that appeal be allowed. The record is returned to the Subordinate Judge and he is directed to file a complaint under Section 471, I.P.C., or such other sections as he thinks fit.

(2.) Now the appeal being under Section 476-B, Criminal P.C., the only person who was competent to make the complaint was the District Judge himself. The order, therefore, directing the Subordinate Judge to file the complaint was without jurisdiction and must, accordingly, be set aside.

(3.) The rule is, therefore, made absolute and the case remanded to the learned District Judge to proceed according to law.