Osman Sheikh vs Sari Pada Biswas

S.K. Ghose, J.—It seems to us that this Reference was entirely misconceived. It appears that against the petitioner, Hari Pada Biswas, the police have submitted a charge sheet alleging an offence u/s 34.8, I.P.C. The learned Judge has recommended that the proceeding should be quashed. But at this stage the only point is whether the submission of the charge sheet is either illegal or irregular. The learned Judge has referred to circumstances which may quite properly be urged at the trial. It appears that the Magistrate at one stage of the case directed an enquiry u/s 159, Criminal P.C. His order dated 25th November 1933 is to the effect that it was not possible to depute a Magistrate and therefore he would like the enquiry to be held by the Deputy Superintendent of Police himself. It also appears that, as a matter of fact the Deputy Superintendent of Police did not hold the enquiry. Whether this was a proper action on the part of the Deputy Superintendent of Police is another matter. But the mere fact that the enquiry was not held by a particular officer as suggested by the Magistrate in his above order does not make the submission of the charge sheet on the part of the investigating police, contrary to the provisions of the Code of Criminal Procedure. We must therefore decline to interfere at this stage. The Reference is therefore rejected.

Henderson, J.

I agree. It is clear that the learned Judge has entirely misconceived the meaning and effect of Section 159, Criminal P.C.