TMI Blog1971 (12) TMI 117X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. The appellant on 8 March, 1966 filed a petition of complaint against the Block Development Officer Purulia, the Officer- in Charge of the local Police Station and T. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the case and fixed a date for holding judicial enquiry. The Magistrate on 22 November, 1967 came to the conclusion 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 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onsideration is whether Shri Sarkar could have issued process in the-present case. Shri Ganguly was the Magistrate who took cognizance. Shri Sarkar was not the Magistrate who took cognizance. Therefore, under section 204 of the Code of Criminal Procedure the Magistrate who took cognizance of the case could issue process. Sections 191 and 192 of the Code of Criminal Procedure con- template transfer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... evant section which confers power on the Magistrate to whom the case has been transferred to issue process is section 202 of the Code of Criminal Procedure. The language of section 202 of the Code of Criminal Procedure is that the Magistrate may, for reasons to be recorded in writing, postpone the issue of process for compelling the attendances of the person complained against. Therefore the power ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Magistrate to whom the case has been transferred. The High Court therefore correctly quashed the issue of process. It was contended on behalf of the appellant that the High Court should not have gone to the question as to whether a prima facie case was established or not. The High Court under section 561-A of the Code of Criminal Procedure can go into the question as to whether t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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