Mongal Mondal v. State Of West Bengal
Item No.
Ct 32 rup 02.07.
IN THE HIGH COURT AT CALCUTTA
CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE CRR 2262 of 2024 Mongal Mondal Vs.
The State of West Bengal Mr. Amal Kumar Banerjee ... for the petitioner. Mr. Arijit Ganguly, Mr. Sujoy Sarkar. ... for the State.
1. Both the learned counsel appearing on behalf of the parties to this revisional application are present.
2. The instant revisional application has been filed with a prayer for quashing the proceeding in connection with G.R. Case No. 257 of 2023 corresponding to Gosaba Police Station Case no 10 of 2023 dated 18.01.2023 under Sections 447/ 448/ 341/ 323/ 325/ 307/35A/ 379/506 and 34 of the Indian Penal Code.
3. Learned counsel appearing on behalf of the petitioner has drawn my attention to the FIR and tried to impress that FIR did not disclose any cognizable offence. He has further submitted that there is a long standing civil dispute between the parties which is still pending.
4. Learned counsel appearing on behalf of the petitioner has further referred to the statement recorded under Section 161 of the Code of Criminal Procedure.
5. In opposition to that learned counsel appearing on behalf
of the State has relied on the evidence recorded under Section 161 of the Code of Criminal Procedure as well as medical examination reports.
6. After going through the written complaint addressed to the officer-in-charge of Gosaba Police Station, I find that on 18.01.2023 at about 4.30 P.M. one incident of assault took place wherein de facto complainant sustained injury and was treated by the Doctor. On submission of the written complaint before the concerned police station, a case was registered as Gosaba Police Station Case no 10 of 2023 dated 18.01.2023 under Sections 447/ 448/ 341/ 323/ 325/ 307/35A/ 379/506 and 34 of the Indian Penal Code.
7. During investigation, the witnesses including Doctor were examined by the Investigating Officer and injury reports were also collected in course of investigation.
8. After careful perusal of the entire contents of the written complaint lodged before the police station as well as evidence collected during investigation, I find that cognizable offence has been disclosed in the written complaint which was ratified by the witnesses examined under Section 161 of the Code of Criminal Procedure.
9. Therefore, at this stage, I find no reason to exercise the power under Section 482 of the Code of Criminal Procedure by quashing the proceeding.
10.
As a sequel, the instant revisional application stands
dismissed.
11.
Urgent photostat certified copy of the order, if applied for, be given to the parties on usual undertakings. 12.
All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Bibhas Ranjan De, J.)