P. C. Borooah, J. :- On December 23, 1974 Sm. Manisha Mukherjee, the Opposite Party in this Rule, filed a complaint before the Chief Metropolitan Magistrate, Calcutta, alleging commission of offences by the petitioner Asoke Chatterjee under Section 417 and 493 of the Indian Penal Code. The learned Magistrate examined the complainant and her mother Sm. Pratima Mukherjee but thought that further probe would be necessary and accordingly directed the Deputy Commissioner of Police, Central, to make a personal enquiry and submit a report. On January 27, 1975 the record was put up before Sri R.N. Kali, Metropolitan Magistrate, who was dealing with the file of the learned Chief Metropolitan Magistrate, Calcutta. The police had in the meantime submitted a report which did not support the complaint. The complainant then made an application for transfer of the case to some other Magistrate for favour of disposal. Sri Kali directed the records to be placed before the learned Chief Metropolitan Magistrate, Calcutta. On February 18, 1975 the records were put up before the learned Chief Metropolitan Magistrate who perused the police report and also the petition filed by the complainant.