This Rule is at the instance of the accused-petitioner, Mac Culloch for quashing proceedings under Sections 147, 323, 341, 448, 504, 427 and 506 of the Indian Penal Code, being case No. C/293/73, pending against the petitioner and others in the Court of the Chief Presidency Magistrate, Calcutta.

2. The facts leading on to the Rule are short and simple. A petition was filed by the complainant, Md. Sharfuddin on the 30th January, 1973 before the learned Chief Presidency Magistrate, Calcutta under Sections 147, 323, 341, 448, 504, 427 and 506, I.P.C. The cause title mentioned that the application is under Section 156(3), Criminal Procedure Code and it contained a prayer to the effect that the police may be directed to take cognizance of the offences committed on treating the complaint as F.I.R. or in the alternative process may be issued against the accused. A list of witnesses was given below the said application. The learned Chief Presidency Magistrate, Calcutta, examined the complainant on solemn affirmation and by his order dated the 30th January, 1973 held that a prima facie case was made out and summoned all the accused persons under Sections 147, 448, 504, 427 and 500, I.