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1982 Supreme(Cal) 193

AMITABHA DUTTA
Purna Chandra Jana – Appellant
Versus
State – Respondent


Advocates appeared:
Prasun Chandra Ghosh, C.R. Das for the petitioners;
Himangshu Day for the opposite parties.

Judgment :

This Revisional Application is directed against an order dated 7.1.81 passed by the learned Sessions Judge, midnapur in Criminal Motion No. 112 of 1980 setting aside the order dated 5.11.80 of the learned Judicial Magistrate, Second Court, Tumluk in G.R. Case No. 934 of 1979.

2. In the wake of an incident of fight between two groups over cultivation of land on 16.8.79 two cross casses were registered at Panskura P.S. on the same date, at the instance of the petitioner No. 1- Purna Cnandra Jana and the opposite party No.2 Prakash Chandra Jana respectively as informants. The police investigated and submitted charge-sheet in both the cases. The learned Magistrate committed the case under S. 147/148/447/324/304 of the Indian Penal Code against the opposite party No.2 and others in March 1980 to the Court of Session for trial. The learned Magistrate framed charge under S. 147/447/324 of the Indian Penal Code in the other case being G. R. Case No. 934 of 1979 against the petitioners on 12.7.80 and fixed the case for evidence. At that stage the opposite party No.2 filed a petition on 1.10.80 for committing the G. R. Case No. 934 of 1979 to the Court of Session for trial for just










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