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1951 Supreme(Cal) 218

P.B.MUKHARJI, GUHA MUKHERJEE
KASHINATH DAS – Appellant
Versus
KALIPADA DAS – Respondent


Advocates Appeared:
AJIT KUMAR DAS, DEBABRATA MUKHERJI, PROFULLA KUMAR BANERJI

P. B. MUKHARJI, J.

( 1 ) THE petitioners complained against the order of commitment made by the learned Magistrate on 30-3. 1951, wrongly described as 30-1-1951. The petitioners by that order were committed to the Court of Session under Section 395, Penal Code, The order of commitment is one of those omnibus and rolled-up orders of committal which have become very frequent in these days but which nevertheless are in complete disregard of the statutory provisions contained in Sections 211, 212 and 213, Criminal P. C. Here in this order of committal, first, charge is framed, then the petitioners are committed to recite that the charge is read over and explained to the accused. Thereafter the accused are stated to have been called upon to furnish a list of persons whom they want to be summoned on the trial to give evidence on their behalf and then towards the end after having taken a list of witnesses the learned Magistrate records:"i do not think that sufficient grounds had been made out for examining any of these witnesses under Section 212, Criminal P. 0. "on a reading of this order, it will appear that the Magistrate has put the cart before the horse. After charge has been framed




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