Arup Dari & ORS v. State Of West Bengal & ANR
Court No. 33 Item 35 sk 16.06.2022 CRR 912 of 2015 In the matter of:- Arup Dari & Ors.
........ Petitioners Ms. Baisali Basu...for the State.
None appears on behalf of the petitioners.
This revisional application has been filed by the petitioners seeking order under Section 482 read with Section 401 of the Code of Criminal Procedure for quashing of the proceeding in GR Case No. 676 of 2013 arising out of Patrasayar Police Station Case No. 96 of 2013 dated 17.11.2013 under Sections 147/148/149/354/323/380/506 of the Indian Penal Code and Section 3(xi) of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989 pending before the learned Additional Chief Judicial Magistrate, Bishnupur, District-Bankura.
The factual matrix of the case is that a complaint was lodged by opposite party no. 2, resulting in registration of Patrasayar P.Case No. 96 of 2013 dated 17.11.2013 under Sections 147/148/149/354/323/380/506 of the Indian Penal Code and Section 3(xi) of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989. After completion of investigation the police submitted charge-sheet against the petitioners and one other under Sections 147/148/149/354/323/427/506 of the Indian Penal Code and Section 3(xi) of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989.
Being aggrieved by and dissatisfied with the above
proceedings, the present revisional application has been filed by the petitioners.
Ms. Baisali Basu, learned advocate appearing on behalf of the State submits status report in compliance to order dated 9.6.2022. Let it be kept with the record.
It is found from the report that the original case record is lying with learned Sessions Judge court and date has been fixed for awaiting of original case record from the said court. Be that as it may, the investigating agency after completion of investigation has been submitted charge-sheet against the petitioners and one other under Sections147/148/149/354/323/427/506 of the Indian Penal Code and Section 3(xi) of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989, on the basis of materials collected during the course of investigation disclosing a prima facie case against the petitioners. In view of the above, the revisional application stands dismissed.
However, it is made clear that the aforesaid observation will not effect rights and contentions of the parties in the proceedings before the trial court.
The revisional application is thus disposed of. All connected applications also stand disposed of. Interim order, if any, stands vacated.
Let a copy of this order be sent to Learned Trial Court for information.
Urgent photostat certified copy of this order, if applied for, be supplied expeditiously after complying with all necessary legal formalities.
(Bivas Pattanayak, J.)