While framing the charge the Magistrate had as per order dated 63.1999, dismissed the petition filed by the accused for dis charging them.
Appellants thereafter moved the High Court for quashing the charge.
2000 1 SCR 27 The Judgment of the Court was delivered by THOMAS, J. Leave granted.
We heard learned companynsel for the appellants, but we did number find it necessary to hear the sole respondent State of West Bengal as this appeal can be disposed of even without the aid of such arguments.
On the basis of a companyplaint lodged with the Police Station, Burra Bazar Calcutta an investigation was companyducted by the police and the charge sheet was filed before the Metropolitan Magistrate, Calcutta, against appellants and some other persons for offences under Sections 454, 380 and 120B of the Indian penal Code, The Magistrate issued process to the accused and after hearing them a charge was framed against them for the said offences.
The High Court quashed it, but directed the Magistrate to companysider again whether the same charges companyld be framed against appel lants afresh.
The Metropolitan Magistrate who framed the charge opted to write a short order presumably for dismissing the petition Filed by the appellants for discharging them.
Appellants approached the High Court to quash the charge framed against them by a Metropolitan Magistrate.
Though the appellants succeeded in the High Court their grievance still persists as they are number out of woods number.
