HARI SADHAN DEB Vs. DULAL DEB

JUDGEMENT

(1.) This petition by the complainant is directed against the order dated 2-4-82 passed by the learned Chief Judicial Magistrate, Agartala whereby the accused opposite-party was discharged.

(2.) The petitioner had filed complaint that on 21-2-81 at about 10-10 p.m. the complainant and 4 others had been arrested, on a false case registered at West Agartala P.S. by the opposite party who was then A.S. I. at the said police station. The opposite party appeared before the learned Magistrate. On 2-4-1982 the learned Chief Judicial Magistrate heard the learned counsel for the complainant i.e. the petitioner and also learned counsel for the accused who was also present and after consideration of the materials before him came to the conclusion that the accused should be discharged. Accordingly, the order impugned in this petition was made.

(3.) Aggrieved, the complainant has come to this court and Shri B. Choudhury, learned counsel appearing on his behalf has submitted that the complaint was for offence u/S. 220 I.P.C. punishable up to sentence of 7 years, R.I. and accordingly the procedure followed by the learned magistrate has to be as in warrant case, but that the learned magistrate had not given opportunity to the prosecution to produce evidence and had discharged the opposite party. Shri Choudhury, learned counsel for the petitioner, has referred to the provisions of S. 244 of the Code of Criminal Procedure hereinafter referred as the 'Code'.