CHANDI CHARAN MAHATO Vs. STATE

JUDGEMENT

(1.) -The instant Criminal revisional application under section 482 of the Code of Criminal Procedure is at the instance of the petitioner Shri Chandicharan Mahato and this is for quashing the investigational proceeding arising out of Jhalda P.S. Case No. 102/96 dated 3.9.96 under sections 302/380/34 of the Indian Penal Code (G.R. Case No.1095/96) now pending before the learned Sub-Divisional Judicial Magistrate, Purulia.

(2.) The case of the petitioner was in brief that on 3.9.96 a complaint was lodged against him with the Officer-in-Charge, Jhalda P.S., Purulia by the de facto complainant-informant Shri Monojitananda Avadhut to the effect that on 2.9.96 at about 9 P.M. when he was going from Singhghare to Metala in Purulia and reached near the Ananda Marg School, he saw that some persons were dragging the victim Shri Jyotirindra Avadhut from his room. It was also alleged by him that by the flash of Torch light lit by the criminals he could recognise the petitioner in the said gang of criminals. Thereupon the petitioner took shelter by the side of a wall and from that place he could see that the criminals dragged the victim towards the east. After sometime the complainant and some others rushed towards the east and found that the deed body of the victim was lying on the ground with head and throat injuries. Thereafter the complainant rushed to the room of the victim and found that some articles like tape recorder, cycle etc. belonging to the victim were missing. On the basis of such complaint the police started Jhalda P.S. Case No. 102 dated 3.9.96 under sections 302/380/34 of the Indian Penal Code against the petitioner and some others. According to the petitioner he was a member of a particular political party and hence he has been falsely implicated in this case by the rival political group and hence the criminal proceeding started against him as arose out of the Jhalda P.S. Case No. 102 dated 3.9.96 under sections 302/380/34 of the IPC should be quashed.

(3.) I have had the opportunity of hearing learned counsels for all the parties in the matter at length.