JIARUDDIN MOLLA ALIAS SK JIAR Vs. STATE

JUDGEMENT

(1.) Invoking Section 482 of the Code of Criminal Procedure, the petitioners moved this application for quashing of a case relating to the offences punishable under Sections 147/148/149/341/326/328/307/302 of the Indian Penal Code which is now pending for trial before the Learned Additional Sessions Judge, Fast Track, 3rd Court, Burdwan being the Sessions Case No. 142 of 2009. It appears from the pleadings in the instant criminal revision that quashing has been sought for on the following grounds;

(2.) Thus, this case for quashing rests on pure question of facts and those are essentially the matter of defence. When a Court is considering the question of quashing, it is to see whether on the evidentiary materials collected by the police during investigation any offence has been made out or not, at this stage, truth or falsehood of a case cannot be gone into. Which version of the case is true, whether it is of the prosecution or that of the defence, cannot be decided at this stage.

(3.) Now having gone through the Case Diary produced by Mr. Mullick, I find that the statements of several injured persons were recorded during investigation. All those injured witnesses have named the petitioners as their assailants as well as the assailants of one Siraj Khan who ultimately succumbed to his injuries. It appears from the injury reports that the petitioners names have been disclosed as the assailants before the attending doctor. The complicity of the petitioners in the crime has also transpired from the statements of several other eye-witnesses. Therefore, the question of quashing of the case does not at all arise. This criminal revision has no merit and accordingly stands dismissed.