AIR 1965 ORISSA 135 ::31 Cut L T 285 ::ILR (1965) Cut 171

Orissa High Court

Hon'ble Judge(s): R. L. Narasimham , C.J.

(A) Criminal P.C. (5 of 1898) , S.1, S.190— Initiation of proceedings - Validity - Protest-petition filed against police investigation - Order by Executive S.D.O. to file charge sheet - Charge sheet filed by police before Judicial S.D.M. - Latter after taking cognizance transferring case to First Class Magistrate - Initiation held not invalid - Separation of Judiciary from Executive - Administrative instructions did not override provisions of Criminal P.C. Constitution of India , Art.50— While the investigation in the F.I.R. lodged by the complainant was pending, the latter filed a protest petition before the Executive S.D.O. who, after hearing the parties, directed the filing of the charge sheet against all the accused. In pursuance of that order, the police submitted a chargesheet before the Judicial S. D. M. and the Judicial S. D. M. after taking cognizance transferred the case for trial to the file of the Magistrate First Class. But the First Class Magistrate acquitted the accused on the ground that the order directing filing a charge sheet was illegal as it was passed by the Executive S. D. O. and not by the Judicial S. D. M., consequent on the implementation of the scheme of separation of the Judiciary from the Executive. Held that the Magistrate was in error in acquitting the accused. The administrative instructions issue....