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Lalit Mohan Bhattacharjee Complainant v. Noni Lal Sarkar And Ors. Accused
Factual and Procedural Background
This opinion arises from a Reference made by the District Magistrate of Howrah concerning two orders issued by the Sub-Deputy Magistrate of Uluberiah. Initially, on 22nd December, a complaint was made before the Sub-Deputy Magistrate who ordered summons for two accused persons. Subsequently, one of the accused appeared and filed a cross complaint, prompting the Magistrate to rescind the summons order and refer both cases to a Subordinate Magistrate for local inquiry and report. The District Magistrate recommended setting aside either the original summons order or the rescinding order on the basis that the Magistrate could not rescind an order issued under section 204 of the Criminal Procedure Code (Cr. P.C.) and instead initiate an inquiry under section 202.
Legal Issues Presented
- Whether a Magistrate, after forming an opinion to issue summons under section 204, Cr. P.C., can rescind that order and direct an inquiry under section 202, Cr. P.C.
- Whether the order passed under section 204, Cr. P.C. qualifies as a judgment to which the provisions of section 369, Cr. P.C. apply.
Arguments of the Parties
The opinion does not contain a detailed account of the parties' legal arguments.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The court analyzed the procedural correctness of the Magistrate’s orders. It held that the order under section 204, Cr. P.C. directing issuance of summons was not a final judgment subject to section 369, Cr. P.C., which deals with appeals in criminal cases. Therefore, the Magistrate was not precluded from reconsidering and rescinding the summons order on sufficient grounds. The court found no jurisdictional error or impropriety in the Magistrate’s decision to rescind the summons and order an inquiry under section 202, Cr. P.C. Consequently, the court declined to accept the District Magistrate’s recommendation to set aside either order.
Holding and Implications
Reference not accepted.
The court’s decision upholds the Magistrate’s authority to reconsider and rescind an order for summons under section 204, Cr. P.C. and to direct a local inquiry under section 202, Cr. P.C. This decision confirms that such orders are not final judgments and thus not subject to appeal under section 369, Cr. P.C. The direct effect is that the Magistrate’s orders remain valid and the case proceeds accordingly. No new precedent was established beyond the immediate ruling.
The Judgment of the Court was as follows:—
This is a Reference from the District Magistrate of Howrah recommending that in the alternative one of the two orders by the Sub-Deputy Magistrate of Uluberiah be set aside. A complaint was made before that officer on the 22nd December and he passed an order directing that the two accused persons be summoned. Subsequently on that date one of the persons against whom summons had been ordered to be issued appeared and laid a cross complaint. The Magistrate then rescinded the order passed by him and sent both the cases to a Subordinate Magistrate for local enquiry and report. The learned District Magistrate recommends that either the order directing the issue of summons or the order rescinding that order should be set aside on the ground that the Magistrate having formed an opinion that summons should issue under sec. 204. Cr. P.C cannot rescind that order and direct the holding of an enquiry under sec. 202. We are unable to accept the recommendation of the learned District Magistrate. The order passed by the Magistrate under sec. 204 was certainly not a judgment to which the provisions of sec. 369, Cr. P.C would be applicable. There is nothing in the Code which forbids the Magistrate to reconsider an order of this kind on sufficient grounds. In the present case we think that the order passed by him was a right and proper order and that it was not made without jurisdiction. We accordingly are unable to accept this reference.
Let the papers be sent down at once.
J.N.B
Reference not accepted.
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