Decided on March 10,1983

OM PRAKASH Appellant
STATE Respondents


B.C.CHAKRABARTI, J. - (1.) THIS is an application under Section 482 of the Criminal P.C. for quashing an order dated 10 -7 -1980 passed by the learned Additional Sessions Judge, Alipore in Criminal Motion No. 122 of 1980 reversing an order of discharge of the petitioners under Section 239 - of the Criminal P.C.
(2.) AN information was lodged by one Dr. Noreen Minos alleging snatching away of gold neckchain from her person at about 9.15 p. m. on 4 -10 -1978 while she was returning home in the first floor of premises No. F 41. Garden Reach Road, Calcutta. On the basis of the said information, case No. 231 dated ? -10 -1978 was started. The two petitioners surrendered in court on 7 -10 -1978. The learned Magistrate by his order dated 12 -5 -1980 held that there was no prima facie case against the two accused persons: and accordingly they were discharged under Section 239 of the Cr. P.C. Being aggrieved, the complainant filed a revisional application which was disposed of by the order impugned in the present application. The learned Sessions Judge observed that the learned Magistrate had exceeded his jurisdiction in discharging the accused in so far as he has considered materials which were extraneous and could not be considered at that stage. The learned Additional Sessions Judge felt in view of the statement recorded Under Section 161 Cr. P.C. that there was no reason to find that the charge was groundless. Accordingly the learned Additional Sessions Judge set aside the order of the learned Magistrate and directed the learned Sub -divisional Judicial Magistrate to send the case to some other Magistrate for proceeding according to law.
(3.) THE accused -petitioners have preferred the present application against the said order. Mr. Banerji. learned Advocate appearing on behalf of the petitioners in the first place submits that the learned Magistrate did not take into consideration any materials which were extraneous and that in any event the prosecution - is so highly improbable in view of the vagueness in the report made to the police and the delay in making it that there can be no point in permitting the prosecution to continue.;

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