Asha Arora - (1.) The petitioner has approached this Court for quashing of the proceeding arising out of C. Case No. 1874 of 2010 / T.R. Case No. 57 of 2010 under Section 447/427/323/379/506/34 of the Indian Penal Code pending before the learned Judicial Magistrate, 2nd Court, Barasat.
(2.) The facts in brief leading to the present application may be summarized as follows : - On 10.08.2010 the opposite party No. 2 herein/ complainant filed a petition of complaint in the Court of the learned Chief Judicial Magistrate, Barasat alleging offences under Section 325/446/427/379/506/34 of the Indian Penal Code against the present petitioner and two others. By an order dated 10/8/2010 the learned Chief Judicial Magistrate, Barasat transferred the case to the learned Judicial Magistrate, 2nd Court, Barasat for disposal. On 30/9/2010 the transferee Magistrate examined the complainant on solemn affirmation under Section 200 of the Code of Criminal Procedure and issued process against the accused persons including the petitioner herein under Section 447/427/323/379/506 of the Indian Penal Code. Aggrieved, the petitioner / accused no. 3 approached this Court for quashing of the proceeding of the aforesaid case.
(3.) Learned counsel for the petitioner submits that the petition of complaint does not disclose the ingredients of the offences alleged. It is further contended that process has been illegally issued against the petitioner without complying with the mandatory provisions of Section 202 sub-Section (1) Cr.P.C. It is pointed out that according to the complaint, the petitioner is a resident of Asansol in the district of Burdwan which is beyond the territorial jurisdiction of the learned Magistrate but by the impugned order dated 30/9/2010, process was issued against the petitioner without the mandatory inquiry as contemplated under Section 202(1) Cr.P.C. It is canvassed that there was no postponement of issuance of process as mandated under Section 202 Cr.P.C. for the purpose of deciding whether or not there is sufficient ground for proceeding against the accused/petitioner. To buttress his submission, learned counsel for the petitioner placed reliance on the case of S. S. Binu versus The State of West Bengal & another, 2018 CrLJ 3769.;