The ingredients of an offence must be prima facie established from the allegations and averments of the complaint itself before cognizance can be taken.

( 1 ) THIS revisional application under sections 397 and 482 read with section 401 Cr. PC has been directed against the order dated 15th March, 1996 passed bny the learned C. J. M. , Burdwan in C. R. Case No. 132/96 under which the learned Magistrate took cognizance of the offence under sections 406, 420, 427 IPC and issued summons upon the accused persons in the case, namely, C. R. Case No. 132/96 who are the petitioners in the present application. The petitioners' case is that the complaint does not disclose ingredients of those offences and cognizance taken was bad and the entire proceeding should be quashed.

( 2 ) THE complaint as it stands is to the effect that the complainant Sri Subhas Pal approached the accused-petitioner the owners of S. M. Cold Storage Pvt. Ltd. in Katwa village with the request for keeping 90 bags of potatoes in the said cold storage. The petitioners gave them word that they would comply with their request if they paid money at the rate of Rs. 3/- per bag of potatoes totaling Rs. 370/- and thereafter the complainant paid the said money which the petitioners received after granting receipt. But in spite of repeated requests from the side of the complainant they did not keep the potatoes into their cold storage. Then the complainant approached them again when they assured him of arranging the storage of his potatoes, in default, they would refund money to them. But on 14th March, 1996 when the petitioners came to the complainant's village in connection with some other matters the complainant reminded them and renewed their request in the presence of his witnesses but at that time the petitioners got excited and abused him in filthy language and declared that they would neither keep the potatoes into their cold storage, nor they would refund the money. Hence the complainant lodged this complaint before the Court of the learned C. J. M. , Burdwan.

( 3 ) THE learned C. J. M. , Burdwan after taking initial depositions of the complainant and one of his witnesses, passed the impugned order to the effect that he was satisfied that a prima facie case had been made out in support of the complainant's allegation against the accused persons under sections 406, 420 and 427 of the Indian Penal Code and accordingly he issued summons upon both the accused.

( 4 ) BEING aggrieved by this order, both the accused have preferred this revisional application challenging that order as erroneous, illegal and unsustainable and praying for an order quashing the entire criminal proceeding and setting aside the impugned order.

( 5 ) MR. Kumar, learned Advocate appearing on behalf of the petitioners, has contended that the ingredients of the offences in question, namely, offences under sections 406, 420 and 427 of the Indian Penal Code are conspicuous by their absence in the allegations leveled in the complaint and in view thereof, the learned Court below ought not to have passed the impugned order issuing summons upon the accused persons as one cannot be satisfied with the prima facie establishment of such offences. According to Mr. Kumar, the allegations that there has been an offence under section 427 of the Indian Penal Code is totally unfounded, because there is absolutely no allegation to the effect that the accused persons caused any mischief to any property of the complainant. It has been stated in the complaint, in the last but one paragraph, that 90 bags of potato had been rotten in open and vacant land for being not loaded into the cold storage in disregard of the promises given by the accused persons and the same became totally destroyed being under the sun and in this way the complainant suffered a loss to the tune of Rs. 10,000/- on this score.

( 6 ) THE offence of mischief has been defined under section 425 of the Indian Penal Code is as follows:whoever, with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, cause the destruction of