DIPAK BARMAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Invoking Section 482 of the Code of Criminal Procedure, the petitioners have moved this Court for quashing of the charge sheet relating to Mathabhanga P.S. Case No. 4 of 2006 under Section 411/413/414 of the Indian Penal Code, now pending before the Learned Additional Chief Judicial Magistrate, Mathabhanga, Cooch Behar being G.R. No. 08/06.

(2.) Heard Mr. Rabi Shankar Chattopadhyay, learned advocate, appearing on behalf of the petitioners as well as Ms. Minati Gomes, learned advocate, appearing on behalf of the State. Perused the materials on record.

(3.) It appears in the year 1999 four idols made of "Austo Dhatu" namely, Durga, Kartick, Lakshmi and Swaraswati were stolen away by some miscreants from the temple of "Shri Shri Iswari Sunandeswari Durga Devi Temple", Mathabhanga, Cooch Behar. Following such incident, Mathabhanga P.S. Case No. 142 of 1999 under Sections 461/379 of the Indian Penal Code was registered. However, in the year 2001 the police submitted final report in connection with the said case on the ground neither the stolen idols could have been recovered nor any miscreants was apprehended vide final Report No. 116 of 2001 dated November 28, 2008. Subsequently, acting on a source information police held a raid at the residence of the present petitioners on January 11, 2006 and recovered one idol of Durga concealed beneath the cot and the present petitioners, the father and the son were arrested. Whereupon Mathabhanga P.S. Case No. 4 of 2006 under Sections 411/413/414 of the Indian Penal Code was registered. During investigation it was discovered that this idol which was recovered by the police now, was that idol which was stolen away in the year 1999 from the temple of "Shri Shir Iswari Sunandeswari Durga Devi Temple". However, police proceeded simultaneously with both the aforesaid cases, namely Mathabhanga P.S. Case No. 4 of 2006 and Mathabhanga P.S. Case No. 142 of 1999 and submitted charge sheet while in connection with Mathabhanga P.S. Case No. 142 of 1999 under Sections 461/379 of the Indian Penal Code, submitted charge sheet under Sections 411/413/414 of the Indian Penal Code in connection with Mathabhanga P.S. Case No. 4 of 2006. After submission of the charge sheet, petitioners moved the Learned Court below for tagging of both the cases on the ground that the same arose out of the selfsame incident but such prayer was rejected, hence this criminal revision.