CHANDER PAL Vs. SONAM TOPGAY BHUTIA

JUDGEMENT

(1.) THIS application is directed against the order of the Learned Principal District Judge, East Sikkim at Gangtok, dated 12 -06 -2014 in Crl. Misc. Case No. 55A 2013, by which an application under Section 250 read with Section 357 of the Code of Criminal Procedure, 1973 (in short the "Cr.P.C") filed by the Petitioner was dismissed.

(2.) THE principle contention raised on behalf of the Petitioner is that the Learned Principal District Judge had fallen in error in dismissing the application when it ought to have released it from its file permitting the Petitioner to approach the appropriate Court having competent jurisdiction.

(3.) FROM the aforesaid extracted portion of the order, it is quite evident that the Learned Principal Sessions Judge was of the view that the proceeding under Section 250 Cr.P.C. applies only to a Court of the Magistrate and not before the Session Court, apart from holding that even on the merits, the application was not maintainable as it did not fulfil the requirement of Section 250 Cr.P.C. it was on these grounds that the application was dismissed.