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Heard On: 06.08.2013 Judgment On: 09.09.2013 Asim Kumar Mondal, J.: The petitioner has preferred the present revisional application challenging the order passed by Ld. Judicial Magistrate, 3rd Court, Katwa, Burdwan dated 6th February, 2012 directing the issuance of summons against the petitioner under Sections 448, 323, 506 of the Indian Penal Code.

The opposite party filed a complaint under Section 156(3) of the Code of Criminal Procedure before the Additional Chief Judicial Magistrate, Katwa, Burdwan against the petitioner alleging that, they committed the offence under Sections 448, 323, 506 of the I.P.C. Ld. Additional Chief Judicial Magistrate, Katwa after taking cognizance, transferred the case to Ld. Judicial Magistrate, 3rd Court, Katwa for disposal.

Ld. Judicial Magistrate on February 6, 2012 examined the complainant under Section 200 of the Code of Criminal Procedure and found a prima facie case has been made out. He directed for issuance of summons upon the petitioner fixing a date for appearance.

The petitioner/accused person being aggrieved and dissatisfied with the order dated February 6, 2012 has made the present application u/S 482 of the Code of Criminal Procedure for quashing of the proceedings being case No.332 C/11 under Sections 448, 323, 506 of the Indian Penal Code pending before Ld. Judicial Magistrate, 3rd Court, Katwa, Burdwan on the ground that Ld. Magistrate passed the order impugned illegally, without considering the mandate of the provision and without applying the judicial mind. As such the proceeding initiated against the petitioner is liable to be quashed.

It is alleged and submitted by Ld. Advocate appearing on behalf of the petitioner that opposite party No.1 has falsely filed the complaint. It is beyond imagination that petitioner would travelled a long way for Chinsurah, Hooghly to Mangalkot of Katwa, to committed such offences as alleged Admittedly, the petitioner resides beyond the jurisdiction of Ld. Magistrate at katwa. Ld. Magistrate did not follow the mandate under Section 200 of the Code of Criminal procedure, before passing order of issuance of summons. From the order impugned it is clear that Ld.Magistrate acted mechanically without applying his mind as to the proposition of law and also the facts and circumstances of the alleged complaint.

In the instant case, no such enquiry is made either by Magistrate himself or by a police officer or by such other person as the Magistrate thinks fit in compliance with the mandatory provisions under Section 202 of the Criminal Procedure Code. The Magistrate has simply examined the complainant on S.A. considered the evidences produced by the complainant and formed an opinion for issuance of process, which is illegal and is liable to be set aside.

The petitioners are resident of Chinsurah, Hooghly which does not fall within the jurisdiction of Ld. Magistrate, 3rd Court, Katwa, Burdwan. It was therefore incumbent upon the said Magistrate to carry out an enquiry or order for investigation as contemplated under Section 202 Criminal Procedure Code before issuing the process. Hence, the impugned order dated 6th February, 2012 passed by the Ld. Magistrate, 3rd Court at Katwa, Burdwan in C. Case No.332/11 under Sections 448, 323,506/34 of the Indian Penal Code is hereby set aside. The Magistrate 3rd Court, Katwa, Burdwan is hereby directed to pass fresh order following the provisions of section 202 Criminal Procedure Code. Hence, the matter is remitted to the Magistrate for passing a fresh order being uninfluenced by the prima facie opinion formed by him in his earlier order and be proceeded further in the case as per procedure and law.