TMI Blog1950 (5) TMI 25X X X X Extracts X X X X X X X X Extracts X X X X ..... a report was received that the Bank had ceased functioning. On 10th February 1948, the learned Chief Presidency Magistrate ordered issue of a search warrant. A report from the police was received on 23rd March 1948. On 14th June 1948, the learned Chief Presidency Magistrate passed the following order: Heard learned Pleader. Let D. C. D. D., take cognizance of this case at once, and seize the books of this Bank that are necessary. Thereafter a challan was sent up by the police under Section 408, Penal Code, against Abani Kumar Banerjee. On 7th February 1949, the learned Chief Presidency Magistrate recorded the receipt of the challan under Section 408, Penal Code, and then transferred the case to Mr. C. C. Chakravartti for disposal. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of complaint as soon as it is filed before him. The contrary view has been taken by several Division Benches of this Court of which mention need be made only of two recent decisions, viz., decision of Roxburgh and Chakravartti JJ. in Robinul Hossain v. K.K. Ram, 82 C. L. J. 222 and the decision of Harries C. J. and Das J. in Pulin Behari Ghosh v. King, 53 C. W. N. 653. In these cases, the view has been clearly expressed that when a petition of complaint is filed before a Magistrate the Magistrate may take cognizance under Section 190(1)(a), Criminal P. C. and proceed to examine the complaint under Section 200, and thereafter proceed according to the subsequent sections of the Code, or in the alternative, may not take cognizance and may in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce under Section 190(1)(a), Criminal P. C., he must not only have applied his mind to the contents of the petition, but he must have done so for the purpose of proceeding in a particular way as indicated in the subsequent provisions of this Chapter,--proceeding under Section 200, and thereafter sending it for enquiry and report under Section 202. When the Magistrate applies his mind not for the purpose of proceeding under the subsequent sections of this Chapter, but for taking action of some other kind, e.g., ordering investigation under Section 156(3), or issuing a search warrant for the purpose of the investigation, he cannot be said to have taken cognizance of the offence. My conclusion, therefore, is that the learned Magistrate is wrong ..... X X X X Extracts X X X X X X X X Extracts X X X X
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