AGHOR CH DEV BARMA Vs. GOVT OF TRIPURA
HIGH COURT OF GAUHATI
Aghor Ch Dev Barma
Govt Of Tripura
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NARENDRA NATH SEN GUPTA, J. -
(1.) THIS is an application for revision of an order of the Sub -Divisional Magistrate of Agartala taking cognisance of a case against the Petitioner on the ground that the action of the Magistrate was illegal and for quashing the proceedings based on such cognizance.
(2.) IT appears that the learned Magistrate took cognisance on a charge -sheet submitted by the officer in charge of the Kotwali Police Station, in which there is a reference to a first information - No. 33 dated 17 -4 -50. The charge sheet does not conform to the provision of Section 173 (1) (a) nor does it contain the statement of the facts constituting the offences indicated by the sections of the Indian Penal Code noted in column 7 thereof, namely : - 143, 447, 364, 302/34, I. P. C. as required by Section 190 (1) (b), Criminal Procedure Code
(3.) THE main contention of petitioner is that the action of the Magistrate was illegal and the proceedings were liable to be quashed.
A Rule was issued and in showing cause why the proceedings should not be quashed the learned Magistrate stated as follows : - "it is a long standing practice here to submit charge -sheet by the Police, simply quoting the section under which the accused is sent up for trial. In pursuance of that practice the offences stipulated in the charge -sheet have been taken cognizance." He went on to say that
"it was a legal error, it was done in good faith and as such the defect is curable under Section 529, Criminal Procedure Code";
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