- (1.) Present petition has been filed under Section 401 read with Section 482 of the Code of Criminal Procedure praying that impugned order dated 8th February, 2013 passed by Metropolitan Magistrate, 12th Court, Calcutta in G. R. Case No.142 of 2011 corresponding to T. R. No. 1532 of 2011 under Sections 406 and 409 of the Indian Penal Code, be quashed.
(2.) This Court, while disposing of Criminal Revision No. 214 of 2013 on 24th January, 2013, had passed the following order : "Present petition has been filed under Section 401 read with Section 482 of the Code of Criminal Procedure praying that impugned orders dated 13th December, 2011, 26th December, 2012,13th December, 2012 and 8th January, 2013 passed by Metropolitan Magistrate, 12th Court, Calcutta in G. R. Case No. 142 of 2011 corresponding to T. R. No. 1532 of 2011 under Sections 406 and 409 of the Indian Penal Code, be quashed. Counsel for the petitioners submitted that inspection of the premises of petitioner no.1, which is partnership firm, was carried on 13th January, 2011 and it was found that Provident Fund of the employees deducted had not been deposited in the account of Provident Fund Commissioner. Counsel states that due to nonappearance of the petitioners, Warrant of Arrest has been issued against the partners of the partnership firm. After hearing Counsel for the parties, it is ordered that Warrant of Arrest issued against the petitioners shall be kept in abeyance for a period of three weeks from today to enable the petitioners to surrender before the Court below and apply for bail. Needless to say, application filed by the petitioners shall be decided in accordance with the provisions of law. Counsel for the petitioners further submitted that so far quashing of complaint is concerned, he may be granted liberty to raise all arguments before the trial Court at appropriate stage. Liberty, as prayed for, is also granted. The revision petition is thus disposed of. Criminal Section is directed to supply urgent photostat certified copy of this order to the petitioners, if applied for, upon compliance of all necessary formalities." In compliance of the above-said order, petitioner surrendered before the Court below and applied for the bail. The bail application filed by the petitioners has been rejected by the Court below according to Counsel primarily on the ground that the Metropolitan Magistrate, 12th Court, Calcutta, is not competent to decide the application for bail pertaining to offence under Section 409 of the Indian Penal Code as the same is punishable upto life imprisonment. It will be apposite here to notice impugned order dated 8th February, 2013 : " C/R is put up. Ld. Advocate not pressed the petition of surrender and hence rejected."
(3.) A perusal of the order shows that no reason has been assigned by the Court below for rejecting the bail application. Still this Court has to deal with the arguments raised as to whether, pertaining to offence under Section 409 of the Indian Penal Code punishable for life, Court of Magistrate is competent to decide the application filed for bail under Section 437 of the Code of Criminal Procedure.;