Monoj Kumar Mukherjee, J. - (1.) This Rule is directed against an order dated April 2, 1979, passed by the learned Additional Chief Judicial Magistrate, 24-Pargasas, Alipore, dismissing the complaint of the petitioner under Section 203 of the Code of Criminal Procedure.
(2.) The complaint was lodged against Sri Shiv Kumar Khanna, Special Judicial Magistrate at Sealdah and was based on the following material allegations.
(3.) The complainant, who is an Advocate, figured as an accused in Case No. C. 1163 of 1975, filed by his sister, which was being tried by the Court, presided over by the accused/opposite party. On April 27, 1978 when Mussammat Jouhara Khatun was being examined in the said Court as a defence witness the petitioner whispered to his advocate to put certain questions. At this the accused displayed great annoyance and asked the Court constable to put the petitioner in the cage, meant for accused persons, inside the Court room. Pursuant to the said direction, he was immediately put inside the cage and was not permitted to be taken out till the cross-examination of Mussammat Jouhara Khatun was over. By filing the complaint, the petitioner prayed for process against the accused/opposite party under Section 342 of the Indian Penal Code and along with the complains the order of the State Government sanctioning the prosecution under Section 197(1) of the Code of Criminal Procedure was filed.;