- (1.) KEEPING in mind the nature of the prayer made in this application and the proposed order to be passed, this Court is of the considered view that the application can be disposed of even at this stage without issuance of notice.
(2.) FEELING aggrieved by the order dated 09/02/2007 passed by the Learned Metropolitan Magistrate, 6th Court. Kolkata in case No. C/2304 of 2005 whereby the petition of complaint preferred by the present petitioner was dismissed within the scope of Section 203 Cr. P. C. , this application has been taken up on various grounds.
(3.) UPON hearing the submissions of the learned Advocate for the petitioner and considering the tenor of the order passed, this Court is of the opinion that the impugned order cannot be sustained for the following reasons: (1) A plain reading of the petition of complaint, without expressing any opinion on the merit of the trial, shows that for the components of the offence complained of for what it is of worth not to have been discarded at the initial stage. (2) Law by now is quite well-settled that at the stage of dismissal of a complaint in terms of Section 203 cr. P. C. it is incumbent upon the learned Magistrate to consider the materials before it and then come to the conclusion "that there is no sufficient ground for proceeding. " The impugned order, upon perusal does not prima facie shows that there has been a formation of judicial opinion by the learned Magistrate reflecting what were the materials available before him which did not persuade him to arrive at such an "opinion. " (3) Without expressing any view on the final merit of the case, this court feels that the Learned magistrate ought to have put the matter on trial instead of preempting the conclusion. Accordingly, in the light of the discussion held hereinabove the order dated 09/02/2007 passed by the Learned Metropolitan Magistrate. 6th Court, Kolkata is hereby set aside and the Learned Magistrate is directed to proceed from the stage anterior to the same when the complaint was dismissed. ;