( 1 ) THIS rule was issued on the application of the petitioner for quashing a proceeding under Section 506 of the Indian Penal Code pending before the Police Magistrate, Alipore, and in the alternative for the direction that the case should be tried according to the procedure laid down in Section 252 and the subsequent sections of the Criminal Procedure Code.

( 2 ) THE facts of the case are briefly as follows: The police while investigating a cognizable case, namely, an offence under the Arms Act, became aware of a non-cognizable offence, namely, an offence of criminal intimidation, punishable under S, 506 or the Indian Penal Code committed or alleged to have been committed by the petitioner Tarapada Sarkar. The police investigated into that offence also without having obtained any order from a Magistrate for the investigation of the non-cognizable case. The police, after investigation, submitted a charge-sheet in the cognizable case under the Arms Act and submitted a report styled as complaint for the prosecution of the petitioner in respect of the non-cognizable offence, namely, criminal intimidation punishable under Section 506 of the Indian Penal Code. The lear