Sankar Acharyya, J. - (1.) This is an application under Article 227 of the Constitution of India filed by the petitioner challenging three orders dated 06.03.2014, 07.06.2014 and 19.11.2014 passed by learned Judicial Magistrate, 5th Court, Barrackpore in G.R. Case No. 1784 of 2012 arising out of Khardah P.S. Case No. 276 of 2012. Petitioner has been made accused in that case. In the impugned order dated 06.03.2014 learned Magistrate passed the following order. "Accused person on bail is present. Learned A.P.P. is also present. Heard both sides. Perused the papers referred to under Section 173 Cr.P.C. It appears prima facie that, the accused person has committed offences punishable under Sections 11J/26 of West Bengal Fire Services Act, 1950. So a charge under the above Sections is framed, read over and explained to the accused person who pleaded not guilty by saying 'Ami Nirdos' and claimed to be tried. Fix 07.06.14 for evidence of CSW - 1. Issue summon accordingly. Accused person is as before".
(2.) On 07.06.2014 and 19.11.2014 the petitioner as accused remained present in the Court below but due to absence of witness evidence was not recorded on those dates and the case was adjourned.
(3.) Petitioner has challenged those orders on the grounds that a false and frivolous criminal case with allegation of cognisable offence has been brought against him by a delayed FIR dated 22.04.2012 relating to an occurrence dated 19.04.2012. Inter alia, further contention of the petitioner is that learned Judicial Magistrate framed unjustified combined charge under Sections 11 J and 26 of the West Bengal Fire Services Act, 1950. He has prayed for quashing of the impugned orders with a further prayer for a direction upon respondent for opening the padlock of the petitioner's show room which was put during investigation of the case.;