Charu Chandra Das v. Narendra Krishna Chakravarti Opposite Party.

As no one appears in support of this rule, we have read the application made and considered the grounds on which the rule has been granted. It appears to us that this is not a matter in which the Magistrate acted without jurisdiction. The matter was before him on the complaint made against another person and as the evidence disclosed the fact which has been found by the Magistrate that the. Petitioner was concerned in that offence, process was issued against him. It seems to us that the Magistrate was competent to act in this manner and that he was not barred, as stated in the petition made to this Court on which the rule was granted, by reason of sec. 190 (c), C. Cr. P. That section provides that certain Magistrates shall take cognizance of an offence on any of certain grounds and a special exception is made in the case of a Magistrate acting under (c) of that, section. But here the Magistrate had cognizance of an offence, the case having been duly referred to him by the superior Magistrate and, having cognizance of the offence, it was his duty to proceed to deal with the evidence brought before him and to see that justice was done in regard to any person who might be proved by the evidence to be concerned in that offence. The rule is discharged.

S.C.S

H.P.C

Rule discharged.