1. This is a reference made by the learned Addl. District Magistrate, Cachar, inviting our interference in the matter of an order passed by the learned First Glass Magistrate Mr. S.K. Bhattaeharjee of Karimganj, by which he directed the police to submit a charge-sheet against one Abdul Muktadir Chaudhuri and others.
2. The facts material to the application are these :
On 26-4-1950, one Abdul Rahim, son of Ibrahim Ali, lodged a first information report at the police station, Karimganj, complaining against a large number of persons of having committed offences under Sections 147 and 325, Penal Code. In due course the police investigated the case and submitted a final report under the provisions of Section 173, Cr. P. C., in which they reported that the in formant had failed to make out a case against the accused persons. The informant, being dissatisfied with the report of the police, filed a petition in Court setting out what were according to him the facts of the case, and requested the learned Magistrate to issue summonses against the accused persons and to try them in accordance with law. The learned Magistrate, without ordering a preliminary enquiry of issuing summonses to the accused persons, as prayed for by the informant, directed the police to send up a charge-sheet. It is against this action of the learned Magistrate directing the police to send up a charge-sheet that the learned Addl. District Magistrate has made this reference,
3. We think the learned Additional District Magistrate was justified in making the reference. There is no provision of law by which a Magistrate is empowered to direct the police to send up a charge-sheet against an accused person against whom an information has been lodged. A Magistrate is only empowered to take cognizance of cases in accordance with Section 190, Cr. P. C. For the purposes of this case, we will assume that the petition filed by the first informant before the Magistrate on 22-9-1950 can be fairly regarded as a complaint. The learned Magistrate then should have disposed of the complaint in accordance with the provision of chap. 16, Criminal P. C.
4. Accordingly, we accept the reference and set aside the order of the learned Magistrate of the First Class, Karimganj, directing the police to send up a charge-sheet against the accused persons mentioned in the first information report lodged by the first informant. The learned Magistrate is directed to treat the petition of the first informant before him as a complaint. We wish to point out that in the circumstances of this case, it would be more desirable if the learned Magistrate first held a preliminary enquiry to satisfy himself as to the truth of the complaint.
5. I agree.