1158 of 1956, arising out of the judgment and order dated June 26, 1956, of the Additional Chief Presidency Magistrate, Calcutta, in G. R. Case No.
P.C. for revision of this order was rejected by the High Court.
The present appeal is filed on the strength of a certificate granted by the High Court under Art.
P. C. the accused should have been acquitted altogether and numbertrial for the offence under s. 323 I.P.C. companyld be proceeded with.
Appeal from the judgment and order dated February 28,1957, of the Calcutta High Court in Criminal Revision No.
Sen, P. K. Ghose for P. IC Bose, for the respondent.
The Magistrate rejected this companytention and directed that the trial of the accused for an offence under s. 323 I.P.C. would proceed under Chapter XX.
P. C., in respect of a charge for an offence triable as a warrant case can still proceed to try the accused for another offence disclosed by the police report and triable as a summons case.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
On the next hearing date a submission was made on behalf of the accused that in view of the provisions of s. 251 2 Cr.
He was however of opinion that there was evidence to establish a prima facie case under s. 323 I.P.C. He accordingly charged the accused under s. 323 I.P.C. examined him and when he pleaded number guilty and claimed to be tried posted the case for the examination of prosecution witnesses.
116 of 1958.
That procedure was followed and ultimately the accused was companyvicted under s. 323 I.P.C. and sentenced to pay a fine of rupees fifty only and in default to undergo rigorous imprisonment for one month.
The case against the appellant was instituted on a police report which charged him with an offence under s. 332 of the P.C. for voluntarily causing hurt by means of a piece of wood to the companyplainant, Sisir Kumar Bose, Bailiff of Calcutta Corporation and Chandra Sekhar Bhattacharjee, an employee of Calcutta Corporation with the intent to prevent or deter those persons from discharging their duties as public servants.
P. C. had been furnished to the accused examined the documents and was of opinion after hearing companynsel of both parties that the charge under s. 332 I.P.C. companyld number be sustained.
The Judgment of the Court was delivered by DAS GUPTA, J. The question raised in this appeal is whether a Magistrate after making an order of discharge under s. 251A 2 , Cr.
March 1 1.
R. Chaudhury, for the appellant.
284 of 1956.
The appellants application under s. 439 Cr.
