A naraji petition filed against the report of an enquiry under Section 202 CrPC can be treated as a complaint if it satisfies the requirements of a complaint as defined in Section 4(h) of the Code. However, a simple protest petition against an enquiry report cannot be treated as a complaint.

( 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. Banerji appearing in support of the Rule argued that more than one enquiry in connection with a complaint is not contemplated by Section 202 Cr. P Code and that its beyond the Magistrate's jurisdiction to direct successive enquiries on the same complaint through different agencies. The naraji petition filed in the case should, according to Mr. Banerjee have been treated as a petition of complaint and the complainant should have been examined that complaint under Section 200 Cr. P. C. and thereafter it was open to the Magistrate to direct a Judicial enquiry as he has done and that is the procedure with the seal of judicial approval in a long chain of decisions which, it was urged, is required to be followed such cases. Reference was made in this connection to the cases Lachmi Shaw v. Emperor AIR 1932 Cal 383 (1), Satkari Ghose v. Ramlak-shman Dutta, AIR 1947 Cal 439, Akshoy Ku-mat v Jogesh Chandra. and Sushil Kumar v. Banka Mahto.

( 4 ) TWO questions are involved in the argument advanced by Mr. Banerji and they are (1) whether more than one enquiry is contemplated in Section 202 Cr. P. C. and (2) whether every naraji petition filed against the report of an enquiring officer is required to be treated as a petition of complaint.

( 5 ) TAKING the second point first. We may start with the fact that naraji petitions are unknown to the Cr. P. Code and the Code contains no provision for filing of naraji petitions in circumstances where they are filed. A^ was- observed by Chakravarti, C. J. In (supra ). ". . . . . Section 202 does not contain any express provision that such petitions can be filed but they are always filed and entertain presumably on the basis that since the magistrate has taken cognisance upon examination of the complainant on oath, he is in seisin of the case and an application to a court which is in seision of a case can always be done. "naraji petitions though not sanctioned by the Code have the sanction of a long standing practice and the imprimature of judicial approval. I may mention in this connection that the Criminal Procedure Code is not exhaustive and anything not prohibited by the Code would be permissible if it is not in conflict with any provision therein and if it is thought conducive to justice any argument thus that naraji petitions are not contemplated by the Code and cannot thus have any legal existence is no argument against the same being entertained.

( 6 ) THE term naraji means 'disapproval' and in the context of things it signifies disapproval of the report in relation to which it is filed. It may simply challenge the report on grounds stated and pray for its rejection: it may while praying for rejection of the report also reiterate the allegations made in the petition of complaint and pray for further action by the court