BINAPANI GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This criminal revisional application at the instance of the accused petitioners raises a short question whether the Magistrate succeeding to the office of a Magistrate who had passed an order under section 144 (2) of the Code of Criminal Procedure and whose order is alleged to have been violated, is competent to file a complaint under section 195 (1) (a) of thy Code of Criminal. Procedure.

(2.) The facts necessary for our present purposes may be stated in a short compass as follows:

(3.) On an application under section 144 (2) of the Code of Criminal Procedure Sri Masoodi, the then Executive Magistrate, passed an order on 16.8.79 against the petitioners. After the promulgation of the order Sri Masoddi was transferred and was succeeded by Sri R. N. Saha, Executive Magistrate Sri Saha lodged a complaint against the opposite parties (the petitioners herein) before the learned Chief Judicial Magistrate at Alipore under section 188 of the Indian Penal Code. The learned Chief Judicial Magistrate ultimately transferred the case to the Court of another Judicial Magistrate for disposal. The Magistrate found that the complaint was incompetent since the filing of a complaint under section 188 Indian Penal Code by the successor in office of the Magistrate who passed the order under section 144 (2) of the Code of Criminal Procedure was illegal.