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PETITIONER: PRAMATHA NATH MUKHERJEE
Vs.
RESPONDENT: THE STATE OF WEST BENGAL
DATE OF JUDGMENT: 11/03/1960
BENCH: GUPTA, K.C. DAS BENCH: GUPTA, K.C. DAS SHAH, J.C.
CITATION: 1960 AIR 810 1960 SCR (3) 245
ACT: Criminal Tyial-Accused discharged-of offence triable as Warrant case-If can be tried for any other triable as summons case on facts disclosed in the Police Report- Cognizance by Magistrate-Code of Criminal Procedure (V of 1898), SS. 251A(2), 190(1)(b).
HEADNOTE: A Criminal case was instituted in the court of a Magistrate at Calcutta against the appellant under s. 332 of the Indian Penal Code for voluntarily causing hurt to the Bailiff of Calcutta Corporation and another. After hearing both sides the Magistrate was of the opinion that the charge under s. 332 could not be sustained but as there was evidence to establish a Prima facie case under s. 323 of the Indian Penal Code, he charged the appellant under that section. The appellant pleaded not guilty and (1) [1955] 1 S.C.R. 991. 32 246 claimed to be tried and submitted that in view of the provisions Of S. 251A(2) of the Criminal Procedure Code, he should have been acquitted and the trial for the offence under s. 323 Indian Penal Code, could not be proceeded with. The Magistrate rejected the contention and convicted the appellant. On the question whether a magistrate after mak...