Basudev Panigrahi J. - (1.) This is an application under Sec. 482 of the Code of Criminal Procedure for quashing the criminal case being No. C -3073/ 98 corresponding to T.R. No. 296 of 98 under Ss. 406/420 of the Indian Penal Code pending in the Court of the Additional Chief Judicial Magistrate, Alipore, South 24 Parganas.
(2.) The factual matrix of the prosecution case is as follows: The opposite party No. 2 is an employee of M/s. Homendia Constructions Private Limited having its registered office at 49A, Ramdulal Sarkar Street, Calcutta. On 11th September, 1998 the opposite party No. 2 lodged a complaint before the learned Chief Judicial Magistrate, Alipore and the learned Magistrate was pleased to take cognizance under Sec. 190(1)(a) of the Criminal Procedure Code and transferred the case to the Court of the learned Additional Chief Judicial Magistrate, Alipore and for enquiry and trial under Sec. 192(1) of the Criminal Procedure Code, 1973. After the case was transferred to the learned Additional Chief Judicial Magistrate, he directed the opposite party No. 2 to appear in Court along with his witnesses. On 11.9,98 the learned Additional Chief Judicial Magistrate, Alipore recorded the statement of the opposite party No. 1 alone, but he did not record any other witness of the prosecution and directed the Officer -in -Charge. Tiljala Police Station for further investigation under Sec. 202 of the Criminal Procedure.
(3.) Upon receipt of such direction, the Officer -in -Charge, Tiljala Police Station entrusted the matter to one of the sub -Inspectors of Tiljala Police Station for enquiry and investigation and the said sub -Inspector, after causing an enquiry and investigation into the case, submitted a report to the Officer -in -charge, who sent it to the learned Additional Chief Judicial Magistrate. Upon receipt of such enquiry report from the Officer -in -Charge. Tiljala, the learned Additional Chief Judicial Magistrate after taking cognizance issued process to the petitioners. Therefore, being aggrieved by such order of the learned Additional Chief Judicial Magistrate, the petitioners have preferred this revision.;