ORDER :

G.B. Pattanik, Brijesh Kumar, JJ.

Leave granted.

2. The sole question that arises for consideration is, whether on account of infraction of sub-section (2) of Section 155 of the Code of Criminal Procedure (Cr.P.C.) it would be competent for the High Court to quash the criminal proceeding including the filing of chargesheet and the recording of evidence ?

3. As it appears, on the basis of allegations made in the F.I.R. the investigating agency investigated into the same and filed a charge sheet under Sections 324 and 341 IPC. The Magistrate, however, while framing charge, being of the opinion that no case under Section 324 IPC has been made out, framed a charge under Section 323 IPC. The criminal proceeding continued and four witnesses have been examined in the meantime. The accused then moved for quashing of the proceeding on the ground that in respect of an offence under Section 323 IPC the police officer cannot investigate without ...2 2 the order of a Magistrate having the power to try such case and, as such, the very investigation is totally vitiated and consequently the filing of charge-sheet and any action taken thereunder by the Magistrate gets vitiated. The Magistrate a