The companyplainant thereafter moved the Sessions Judge, Purulia against the order of dismissal.
On 27 March, 1967 the Magistrate Shri S. K. Ganguly took companynizance of the case and fixed a date for holding judicial enquiry.
A reference was made to the Calcutta High Court.
Appeal by special leave from the judgment and order dated March 28, 1968 of the Calcutta High Court in Criminal Revision No.
This order forms the subject matter of the appeal.
The learned Single Judge of the Calcutta High Court accepted the reference, set aside the order of the Magistrate and sent the case back for proceeding in accordance with law.
The Magistrate on 22 November, 1967 came to the companyclusion that a prima facie case under section 395 of the Indian Penal Code had been made out against the three accused and submitted a report to the Sub Divisional Magistrate, Purulia.
The Sub Divisional Magistrate, Purulia on receipt of the report of the judicial enquiry passed an order on 6 December, 1.967 directing the issue of process against all the three accused.
Shri Sarkar was number the Magistrate who took companynizance.
The Magistrate dismissed the companyplaint under section 203 of the Code of Criminal Procedure on the ground that the companyplaint was incompetent without sanction as the accused were Government servants.
159 of 1968.
291 of 1968.
One of the accused thereafter moved the High Court at Calcutta for quashing the process.
APPELLATE JURISDICTION Criminal Appeal No.
K. Chakravarty, for respondent No.
K. Chatterjee, for the appellant.
The appellant on 8 March, 1966 filed a petition of companyplaint against the Block Development Officer Purulia, the Officer in Charge of the local Police Station and T. Ganguly, the Deputy Superintendent of Police, Purulia under section 395 of the Indian Penal Code on the allegation that during search of the appellants house they companymitted dacoity in the house.
The Judgment of the Court was delivered by Ray, J. This is an appeal by special leave from the judgment dated 28 March, 1968 of the High Court at Calcutta quashing the processes issued against the three accused persons.
Shri Ganguly was the Magistrate who took companynizance.
