Monoj Kumar Mukherjee, J. - (1.) The two petitioners were placed on trial before the learned Judicial Magistrate, Second Court, Sealdah to answer a charge under Section 14 of the Foreigners' Act, 1946. According to the case of the prosecution, the petitioners were arrested on October 15, 1976 from Chatubabu Lane, Calcutta as they were Bangladesh Nationals and came over to India without any valid document and were remaining in India without any anthority. A first information report was drawn up by Sri G. P. Chakraborty, Sub-Inspector of police, Special Branch, Calcutta and on the basis thereof a case was registered by the Entally Police Station. Under orders of the Officer-in-charge of the said Police Station Sri Chakraborty took up the investigation and submitted charge sheet through the Officer-in-Charge of Entally Police Station.
(2.) After the charge was framed against them and a witness was examined on behalf of the prosecution, a petition was filed on behalf of the petitioners before the learned Magistrate praying for quashing of the proceeding on the ground that the investigation was conducted by an Officer who himself was the complainant and as such the entire proceeding was bad in law. The learned Magistrate accepted the contention of the petitioners, relying upon a judgment of this Court, and quashed the proceeding by his order dated March 29, 1978. Against the said order the opposite party, the State of West Bengal, moved an application in revision before the learned Sessions Judge, 24-Parganas and by an order dated August 25, 1978 the learned Additional Sessions Judge set aside the order and directed that the learned Magistrate shall proceed with the case in accordance with law. The petitioners in this Rule have challenged the above order of the learned Additional Sessions Judge.
(3.) The point that was successfully agitated by the petitioners before the learned Magistrate has again been raised in support of this Rule and it has been contended that the investigation by an Officer who himself is the complainant is violative of all principles of natural justice and fair play and the Court cannot take cognizance on a charge sheet submitted pursuant to such investigation. Reliance has been placed on the judgment of this Court in the case of Rasiklal Bhansali v. State of West Bengal, reported in 79 Calcutta Weekly Notes, Page 107. My attention has been drawn to paragraph 15 of the said judgment wherein it has been held : "Investigation should not ordinarily be undertaken by an officer who is the complainant. This is not in consonance with fair play and is against the principles of natural justice. Where the prosecutor is the person entrusted with the collection of evidence, he will certainly proceed with a biased mind and this may prejudice the accused persons against whom charge-sheet is ultimately submitted.";