Thereafter, the matter was sent to Mr. N. Dube on 30th of October, 1969.
of inquiry to the Magistrate.
Appeal by Special Leave from the Judgment and Order dated 28 7 75 of the Patna High Court in Criminal Revi sion No.
There were proceedings under Section 107 between the parties and both parties applied for companyies of .these proceedings on the 20th December, 1965.
Ulti mately, on the 23rd November, 1968 the companyplaint was dis missed under section 203 of the Criminal Procedure Code on the ground that the companyplainant was absent and did number show any interest in the inquiry ordered by the Court.
On the 7th of December, 1968 the respondent appeared before the Magistrate and filed an application for recalling his order.
Mr, Dube reported that the inquiry had been companypleted and hence he returned the papers.
It is alleged in the companyplaint that the appellant got the companyy which was meant for the companyplainant, by signing his name.
95 of Indian Penal Code for which numbercriminal proceedings companyld be taken.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
74 of 1976.
The Magistrate passed numberorders on this applica tion but he sent the case for inquiry to Mr. K.P. Sinha, another Magistrate.
Gobrudhan, for the respondent.
K. Sen and A.K. Nag for the Appellant.
The Judgment of the Court was delivered by FAZAL ALI, J. This appeal by special leave exhibits the careless and cavalior manner in which the Sub Divisional Magistrate appears to have dealt with the companyplaint filed before him as far back as 21st February, 1966.
1046 of 1972.
The company plaint itself companytains allegations of a very petty nature, of which hardly any companynizance companyld have been taken and which would be a trivial act under Sec.
It would thus appear that a very petty matter was allowed to have a long and chequered career because the Magistrate refused to apply his mind either to the allegations made in the companyplaint or to companytrol the proceedings before him.
On 9th of Decem ber, 1970, the Magistrate recalled the inquiry from Mr. K.P. Sinha and transferred to Mr. A.R. Ansari and on the basis of his report, the learned Magistrate passed the order taking companynizance of the case and summoned the accused by his order dated 3 5 1972, and issued processes against the appellants.
