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1967 Supreme(Cal) 12

T.P.MUKHERJI
SUNIL MAJHI – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
ARUN KUMAR MUKHERJI, Bimal Chandra Chatterjee, N.C.BANERJI

T. P. MUKHERJEE, J.

( 1 ) THIS Rule directed against the conviction of the petitioner under Section 323/294 I. P. C. Involves an interesting legal point revolving round the question of the status of Naraji petition in law and the duty of the court in relation thereto.

( 2 ) ONE Kasinath Saha filed before the Magistrate a complaint against the petitioner making allegation of offence? under Sections 325/355, T. P. C. The Magistrate after examining the complainant under Section 200 sent the complaint to the local Anchal Prodhan for enquiry and report The enquiring officer duly submitted his report and the complainant apprehending an adverse report filed a petition before the Magistrate making certain allegations against the enquiring officer and praving for a judicial enquiry. The learned Magistrate on a consideration of the report and the petition above, which he took to be a naraji, directed a judicial en-quiry as prayed for. On the basis of the report of that enquiry, the petitioner was summoned and tried and convicted and sentenced to pay a fine of Rs. 25/- each under Sections 323/294 I. P. C. In default to suffer rigorous imprisonment for two weeks on each count.

( 3 ) MR. Ban












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