SONALI CHATTERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Affidavit-Of-Service filed by the petitioner be kept with the record. Service has been effected upon the private opposite party and the State; but none appeared on behalf of the private opposite party. So the matter is taken up for hearing. This application is directed against the order dated 26th May, 2008 passed by the learned Judicial Magistrate, Fifth Court, Hooghly in N.G.R. Case No.3429 of 2006, thereby dropping the proceeding under section 258 of the Code of Criminal Procedure, 1973.

(2.) The de facto complainant of the Bandel P.P.G.D.E. No. 236 dated 09.03.2005 under section 323 of the IPC has preferred this revisional application. His contention is that he is the victim of the case but the learned Magistrate after examination of one formal witness closed the prosecution case without examining the other witnesses including himself. Thus, he did not get any opportunity to ventilate his grievance in the said N.G.R. case. He has prayed for vacating/setting aside the order dated 26.05.2008.

(3.) The learned Advocate for the petitioner submits that though he was the victim for offence under section 323 of the IPC the learned Magistrate did not examine him at all at the time of trial. After examination of a police personnel the learned Magistrate closed the case when no other witness turned up. In fact, the warrant of arrest was issued against the rest witnesses including the IO; but without waiting for the execution report of the warrant of arrest, he closed the case by stopping examination of the witnesses in the order impugned.