Judgment

DAS GUPTA, J. : The question raised in this appeal is whether a Magistrate after making an order of discharge under S. 251A (2) Cr. P. C., in respect of a charge for an offence triable as a warrant case can still proceed to try the accused for another offence disclosed by the police report and triable as a summons case. The case against the appellant was instituted on a police report which charged him with an offence under S. 332 of the I. P. C., for "voluntarily causing hurt by means of a piece of wood to the complainant, Sisir Kumar Bose, Bailiff of Calcutta Corporation and Chandra Sekhar Battacharjee, an employee of Calcutta Corporation with the intent to prevent or deter those persons from discharging their duties as public servants." The Magistrate after satisfying himself that the documents referred to in S. 173 Cr. P. C., had been furnished to the accused examined the documents and was of opinion after hearing counsel of both parties that the charge under S. 332 I. P. C., could not be sustained. He was however of opinion that there was evidence to establish a prima facie case under S. 323 I. P. C. He accordingly charged the accused under S. 323 I. P. C, examined him