Palash Mazumder & ORS v. State Of West Bengal & ORS

CRR 301 of 2015 Court No. 33 Item 6 Sk 14.07.2022 In the matter of:- Palash Mazumder & Ors.

versus State of West Bengal & Ors Mr. Pratick Bose.....for the State.

None appears on behalf of the petitioners.

The present revision has been filed under Section 482 read with Section 401 of the Code of Criminal Procedure for quashing of proceeding in G.R.Case No. 2016 of 2014 arising out of Nimta Police Station Case No. 111 of 2014 dated 24.4.2014 under Sections 147/148/323/427/354/506 of the Indian Penal Code pending before the learned Judicial Magistrate, 4th Court, Barrackpore.

The brief fact of the case is that the complainant filed an application under Section 156(3) of the Code of Criminal Procedure before Additional Chief Judicial Magistrate, Barrackpore with the contention that on 11.4.2014 at about 00/00.30 hours in the night, the petitioners assaulted the complainant and their family members, outraged her modesty and destroyed house hold articles. The said petition was sent for investigation resulting in registration of Nimta Police Station Case No. 111 of 2014 dated 24.4.2014. Upon completion of investigation, police submitted charge-sheet under Sections 147/148/323/427/354/506 of the Indian Penal Code. Being aggrieved by and dissatisfied with the said proceeding, the petitioners have preferred the present revision. Mr. Pratick Bose, learned advocate appears on behalf of

the State. His appointment may be regularized by the concerned authority. He submits that on the basis of primary materials, charge-sheet has been submitted in the case against the petitioners and as such the revisional application is liable to be dismissed.

It appears that upon completion of investigation, the investigating agency submitted charge-sheet against all the petitioners under Sections 147/148/323/427/354/506 of the Indian Penal Code on the basis of primary materials collected in the course of investigation. In the aforesaid backdrop, the proceeding before the trial court does not call for any interference.

Accordingly the present revisional application is dismissed. It is, however, made clear that the observation made herein above shall not have any bearing on the rights and contentions of the parties before the trial court. All connected applications stand disposed of. Interim order, if any, stands vacated.

Urgent photostat certified copy of this order, if applied for, be supplied expeditiously after complying with all necessary legal formalities.

Let a copy of this order be sent to the learned trial court for information.

(Bivas Pattanayak, J.)