- (1.) This is a criminal revision against an order whereby a Sessions Court has affirmed an order of the Learned Trial Magistrate, framing charge under Section 418/120B of the Indian Penal Code and under Section 20(1) of the Indian Telegraph Act.
(2.) Heard the Learned Counsels appearing on behalf of the parties. Perused the materials on record, the Lower Court Records as well as the case laws cited on behalf of the parties.
(3.) On two fold grounds the impugned order of framing charge has now been challenged; (a) The Magistrate took cognizance on a charge-sheet relating to the offences punishable under Sections 418/120B of the Indian Penal Code and under Section 20(1) of the Indian Telegraph Act, and although all offences are non-cognizable still the police investigated the case without the prior permission of the Court in terms of Section 155(2) of the Code of Criminal Procedure. (b) Even assuming that the cognizance was not taken on a police report but treating such police report as a complaint in terms of explanation to Section 2(d) of the Code of Criminal Procedure, the offences involved being punishable with imprisonment for two years and is a warrant case, the trial to be held following the procedure prescribed for trial of a warrant case instituted otherwise than on a police report and no charge can be framed without recording of the prosecution evidence first. On behalf of the petitioners much reliance have been placed on the following decisions of this Hon'ble Court, viz., (I) Subodh Singh Modak v. The State, 1974 CrLJ 185, (ii) Tapan Kumar Ghosal v. The State of West Bengal and Anr.,1976 CHN 131 and lastly on the decision in the case of Vijoy Yadav and Ors. v. The State of West Bengal,2008 1 CrLR 763, rendered by this particular Court. On the other hand, the Learned Counsel appearing on behalf of the C.B.I. vehemently opposed the prayer for quashing and submitted that initially the case was registered for offences which were both cognizable and non-cognizable and only after conclusion of investigation it was found that accused is prima facie guilty for commission of a non-cognizable offence and therefore at that stage the question of taking permission from the Court does not at all arise and such police report can very much be treated as a complaint filed by a police officer.;