MANIKLAL BHAGAT Vs. STATE

JUDGEMENT

(1.) THIS revisional application is directed against the order passed by the learned Chief Judicial Magistrate, Alipore in Case No. C -1406 of 1980 on the 25th April, 1981 rejecting the application of the petitioner to dismiss the complaint case under Section 188 I.P.C. filed against him for alleged disobedience of an order made under Section 144 of the Code of Criminal Procedure by Shri A. Mukherjee, Executive Magistrate, Alipore, 24 -Parganas, on the ground that the complaint was filed by Shri A. K. Chakravorti, Executive Magistrate who as successor in office of Shri A. Mukherjee, Executive Magistrate, was not competent to file the complaint against the petitioner.

(2.) IT appears that learned Chief Judicial Magistrate, Alipore has held that the position of law on the point taken by the petitioner is not very clear and that he has no jurisdiction to quash the order of taking cognizance on the complaint.

(3.) IN the result the application fails and is dismissed. The rule is discharged. Let the records be sent down as expeditiously as possible.