HRISHIKESH NAG ISWAR CHANDRA NAG Vs. STATE ON BEHALF OF K.M. GHOSH

JUDGEMENT

(1.) THIS is a reference made by the learned Sessions1 Judge of Tripura under Section 438 Cr.P.C. re -commending that the proceedings against the petitioner in C.R. Case No. 137 of 1961 of the Court of S.D.M. Sabroom, be quashed.

(2.) THE facts of the case are as follows: On 13.5.61 the petitioner Hrishikesh Nag lodged an F.I.R. at Sabroom P.S. under Section 394 I.P.C. against 3 persons named Debendra Lal Roy, Nutan Chandra Ghosh and Shyamapada Ghosh to the effect that on that very day these persons entered his hut, and after voluntarily causing hurt took away a sum of Rs. 195/ - from him without his consent. Thereafter on 15.5.61 the accused Debendra Lal Roy was produced under arrest before Bimal Dev, Magistrate 1st Class, Sabroom, by the Police with a prayer for remanding him to hajat for 14 days, The accused Nutan Chandra Ghosh also surrendered in Court on that day. Bail petitions having been moved on behalf of both the accused, the learned Magistrate after hearing the Lawyer for the accused persons as also the Court Sub -Inspector passed an order allowing them to be enlarged on bail if they could furnish bail for Rs. 200/ - with one surety each failing which they were ordered to be remanded to Hajat. The I.O. was ordered to expedite investigation and to submit report by 29.5.61.

(3.) AFTER hearing the Govt. Advocate and the counsel for the petitioner, I am of opinion that the order of the Magistrate Is illegal and cannot therefore be maintained.