AMITAVA ROY,J. - (1.) Leave granted
(2.) The instant assailment of the judgment and order dated 05.03.2013 seeks to annul this verdict of the High Court whereby the charge framed by the Trial Magistrate against the respondent under Section 193 of the Indian Penal Code (for short hereafter to be referred to as the "IPC") has been set aside, having been held to be prematured and in violation of the procedure prescribed by Section 244 of the Code of Criminal Procedure, 1973 (for short, hereafter to be referred to as the "Cr.P.C./Code"), as all evidence on behalf of the prosecution had not been adduced, the case being one registered on a complaint under Section 340 Cr.P.C. and thus otherwise than on police report and the Trial Magistrate has been directed to examine the remaining witnesses of the prosecution and thereafter decide as to whether any case had been made out against the respondent for framing of charge.
(3.) The appellant/State, being aggrieved, has questioned the legality and correctness of this view contending in substance that in terms of Section 343 Cr.P.C., the case though registered on a complaint under Section 340 thereof, was to be dealt with as if instituted on a police report for which the rigour of the procedure under Section 244 of Cr.P.C. was inapplicable.;