LAHIRI, CJ. - (1.)This reference has been made by Mr. M.M. Sarkar, Additional Chief Judicial Magistrate, Nagaon purporting to exercise power under S.395(1) of the Cr.P.C., 1973 for short "the Code".
(2.)The relevant facts leading up to the reference are that G.R. Case No.4505 of 1983 was transferred to the learned Magistrate in which five accused were charge-sheeted under S.379 I.P.C. On 17-1-1984 one Ayub Ali claiming himself to be the first informant of the case and the accused Amiruddin Ahmed filed a joint application seeking permission to compound the offence. The application was signed by one Shri Pabitra Bora, Advocate. The parties filed another application to compound the offence. Learned Magistrate examined the first informant and accepted the prayer for compounding the offence and acquitted the accused persons of the charges under S.379 I.P.C., acting under S.320(2) read with S.320(8) of the Code.
(3.)An offence under S.379 IPC where value of the stolen property does not exceed Rs.250/- is compoundable under S.320(2) of the Code provided the offence is compounded by the owner of the property stolen. In the instant case the value of the property did not exceed Rs.250/- and one Ayub Ali claiming himself to be the owner of the stolen property had compounded the offence so the learned Magistrate was justified in permitting the said complainant to compound the offence and acquitting the accused under S.320 of the Code.
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