Asim Kumar Roy, J. - (1.) Seeking quashing of order of framing charge under Ss. 498A/406 of the Indian Penal Code in connection with BGR Case No. 2472/06 passed by the Learned Judicial Magistrate, 1st Court, Alipore, South 24 -Parganas, the petitioner invoking inherent jurisdiction of this Court moved the instant criminal revisional application.
(2.) Inspite of repeated calls none appears on behalf of the opposite party No. 2. The affidavit of service is already on record. However, Mr. Sekhar Basu, the learned advocate, appearing on behalf of the petitioner as well as Mr. Rabi Shankar Chatterjee, the learned advocate appearing on behalf of the State are present in Court.
(3.) The main thrust of the argument of Mr. Sekhar Basu, the Learned Counsel, appearing on behalf of the petitioner, is this, that the Learned Court below while framing the impugned charge has not recorded any reason, although recording of reason is one of the basic requirements for dispensation of justice. He further submitted that the impugned order of framing charge without recording reason clearly demonstrate that such an order was passed by the Learned Magistrate mechanically and without any application of mind. Mr. Sekhar Basu, vehemently urged before this Court the impugned order of framing charge is absolutely illegal and without jurisdiction. Mr. Basu further submitted that from the evidentiary materials collected by the police during the course of investigation, on the face of the same does not make out any prima facie case for which the impugned charge has been framed. He thus prays for quashing of the impugned order of framing charge. Mr. Basu in support of his argument relied on the following decisions; (i) Jatinder Kumar and Ors. v/s. State (Delhi Administration) Delhi reported in . (ii) Krishan Lal and Ors. v/s. Union of India and Ors. reported in . (iii) Kanti Bhadra Saha and Anr. v/s. The State of West Bengal reported in, 2000 C Cr LR (SC) 151. (iv) Mattulal v/s. : [1975]1SCR127 . (v) Century Spinning & Manufacturing Co. Ltd. and Ors. v/s. : 1972CriLJ329 . (vi) The State of U.P. v/s. : (1977)ILLJ200SC . (vii) Sardar Singh v/s. : 1977CriLJ1158 . (viii) Bharwad Bhikha Natha and Ors. v/s. : . (IX) Smt. Sarla Prabhakar Waghmare v/s. State of Maharashtra and Ors. reported in . (x) P.K. Dutta @ Probodh Kumar Dutta v/s. State of West Bengal and Anr. reported in, 2007 (1) E Cr. N. (xi) Buta Singh (dead) by LRs. v/s. Union of India reported in, 1995 AIR SCW 3014. Amongst the aforesaid decisions Mr. Basu heavily relied the decision of the Apex Court in the case of Century Spinning and Manufacturing Co. Ltd. v/s. : 1972CriLJ329 and in Paragraphs 13, 14, 16, 17, 18, 19, 20, 21 thereof.;