Judgment

KAPUR, J. : This is an appeal against the judgment and order of the High Court of Calcutta quashing the investigation started against the respondent in regard to offences under S. 420, Indian Penal Code, and S. 120B read with S. 420 of the Indian Penal Code.

2. On March 26, 1960, Sub-Inspector B L. Ghose of Police Enforcement filed a written report bofore the Officer-in-charge Chakdah P. S. alleging that the respondent in conspiracy with three others had cheated the Government of West Bengal of a sum of Rs. 20,000. The respondent at the time was an Assistant-cum-Exceutive Engineer, Kanchrapara Development Area, Kalyani Division. On the basis of this report a First Information Report was drawn up and the police started investigation. On April 4, 1960, the respondent susrrendered in the court of Judicial Magistrate at Ranaghat and was released on bail for a sum of Rs. 1,000/-. The respondent then on May 9, 1960, filed a petition under Ss. 439 and 561A of the Criminal Procedure Code and prayed for a rule against the District Magistrate, Nadia, to show cause why the case pending in the court of the Senior Judicial Magistrate, Ranaghat, arising out of the Chakdah Police Station C