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Bhagabat Chandra Mandal Vs. Emperor - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Reported inAIR1939Cal271
AppellantBhagabat Chandra Mandal
RespondentEmperor
Excerpt:
- .....upon to show cause why he should not be so prosecuted. in showing cause he said in effect that the police report was false. he also asked that a judicial enquiry should be held into the case and that the police be directed to submit a charge sheet. on this application the magistrate directed his prosecution. the procedure adopted was clearly wrong. the petitioner's challenging the police report and reiterating the charges made before the police was clearly a complaint, and the magistrate should have dealt with it under the provisions of section 203, criminal p.c., no such action was taken, and this procedure was clearly illegal. the case under section 182, i.p.c., cannot be proceeded with until the petitioner's complaint has been dealt with in accordance with law. this rule is.....
Judgment:

Bertley, J.

1. This rule was issued on the District Magistrate of 24-parganas to show cause why the order of the Magistrate directing the prosecution of the petitioner under Section 182, I.P.C., should not be set aside. The material facts are that the petitioner lodged an information at a police station charging certain persons with offences under the Indian Penal Code. The police submitted a final report in which they asked that the petitioner should be prosecuted under Section 182. The petitioner was thereupon called upon to show cause why he should not be so prosecuted. In showing cause he said in effect that the police report was false. He also asked that a judicial enquiry should be held into the case and that the police be directed to submit a charge sheet. On this application the Magistrate directed his prosecution. The procedure adopted was clearly wrong. The petitioner's challenging the police report and reiterating the charges made before the police was clearly a complaint, and the Magistrate should have dealt with it under the provisions of Section 203, Criminal P.C., No such action was taken, and this procedure was clearly illegal. The case under Section 182, I.P.C., cannot be proceeded with until the petitioner's complaint has been dealt with in accordance with law. This rule is accordingly made absolute. The order made by the learned Magistrate is set aside and he is directed to deal with the petitioner's complaint dated 21st April 1938 in accordance with law.

Henderson, J.

2. I agree.


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