BIMAL NASKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) On the basis of a complaint lodged to the Officer-in-Charge of Haroa Police Station by one Kalipado Naskar, following the death of one Dipankar Naskar and his friend Biswajit Mondal, the Haroa Police Station Case No. 123 of 2009, dated 20.7.2009, under Sections 302/201/34 of the Indian Penal Code was registered against Dinabandhu Mondal, Naresh Mandal, Subhas Mandal, Susanta Mandal, Kamal Mandal, Biswanath Gain, Suparna Mandal, Abdarali Molla, Gour Ghosal, Rabindranath Mandal, Pradip Mandal and the case is now under investigation by the CID, West Bengal. Subsequent to that, another FIR being Haroa Police Station Case No. 240 of 2009 under Sections 364/302/201/384/386/120B/34 of the Indian Penal Code was registered against Bimal Naskar, Mayna Mandal, Sakti Gain, Basudeb Mandal, Kesto Mandal and Mritunjoy Mandal and that too on the basis of a complaint made to the Court by the self-same complainant Kalipado Naskar and the investigation of the said case has been entrusted to the local police station.

(2.) The petitioners now approached this Court for quashing of the second FIR being Haroa Police Station Case No. 240 of 2009 on the ground that over the self-same incident a police case has been registered and the same is under investigation by the CID, West Bengal, thus, the second FIR is not legally maintainable.

(3.) Heard Mr. Ayan Basu, the Learned Counsel appearing on behalf of the petitioners as well as Mr. Swapan Kumar Mullick, the Learned Counsel appearing on behalf of the State. Perused the materials on record. The Case Diaries of the cases have also been produced before me.