G.N.PRASAD
Abu Bakkar – Appellant
Versus
Belal Sheikh – Respondent
1. The petitioner is aggrieved by the order of the learned Sub-divisional Magistrate dated the 28th April 1966. By that order, the learned Magistrate took cognizance of a case under Sec. 436 of the Indian Penal Code against the petitioner and transferred the case to a first case Munsif. Magistrate/C for the purpose of holding an enquiry under Chapter 18 of the Code of Criminal Procedure.
2. It appears that the opposite party lodged a first information report in respect of an occurrence of arson on the 28rd September 1964. The police investigated into the case and submitted a report to the effect that the allegations of the informant were maliciously false. Against the police report, a protest petition was filed by the complainant and, accordingly an enquiry was ordered to be held under Sec.202 of the Code of the Criminal Procedure by a Magistrate named Mr. B. G. Bagchi. Mr. Bagchi also reported the case to be maliciously false, and upon a consideration of his report, the Sub-divisional Magistrate dismissed the complaint on the 20th February 1965. The complainant, thereupon, went up in revision to the Court of Session, and the learned Additional Sessions Judge, by his order
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