SAIFAR Vs. STATE OF WEST BENGAL
HIGH COURT OF CALCUTTA
STATE OF WEST BENGAL
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S.K.Sen, J. -
(1.) This revisional application was filed by the petitioners Saifar Sheikh and five others for quashing the proceedings against them pending in the Court of Sri R. N. Sarkar, Magistrate, First Class, Suri. The facts are briefly as follows:
(2.) On 26th December 1958 one Sheikh Khoda Newaj lodged a first information report at Nanoor P. S. against 17 persons including the six petitioners, alleging that in the early morning of that day, a bullock belonging to one Sonaullah had damaged gram plants belonging to one Mokshed Sk., that the bullock had been seized by Haijan Sk. and Ajad for impounding; that Sonaullah asked for the release of the bullock and there was a quarrel, whereupon fifteen or sixteen persons including the six petitioners assaulted Haijan Sk. and Ajad and rescued the bullock. The police after investigation submitted charge-sheet against eight accused persons under Section 147, 324 and 325 of the Indian Penal Code. On the 1st of May 1959, when the Magistrate was to peruse police papers for considering whether a charge or charges should be framed against the persons sent up the informant filed a petition stating that there was a prima facie case against the six petitioners and that the police wrongfully refused to send them up. The learned Magistrate then perused the police papers and heard both sides, and he decided that there was prima facie evidence against the six petitioners also; and so by an order dated 15th July 1959 he summoned these six petitioners under Section 147 of the Indian Penal Code. It is against that order that the petitioners have come up.
(3.) Mr. Ajit Kumar Dutt appearing for the petitioners has urged that the learned Magistrate had no jurisdiction to summon the petitioners who had not been sent up by the police along with the charge-sheet.;
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