JAMALUDDIN MOLLA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Invoking Section 482 of the code of Criminal Procedure, the present petitioners, who have been charge-sheeted under Sections 376/511 of the Indian Penal Code, have approached this Court for quashing of the same.

(2.) Mr. Manjit Singh, Learned Counsel, appearing with Mr. Anand Keshari, on behalf of the petitioners, urged the following points in support of this application; (a) The evidentiary materials collected during investigation does not make out any offence for which charge-sheet has been submitted, (b) Initially the case was started under Section 323, but the charge-sheet has been submitted under Sections 376/511 of the IPC, and (c) The matter has been compromised by and between the parties. On the other hand, Mr. Sobhendu Sekhar Roy, Learned Counsel, appearing on behalf of the State, vehemently opposed the prayer for quashing. He submitted that sufficient materials have been collected by the police during investigation showing complicity of the accused in the commission of the alleged offence. He further submitted earlier the Division Bench of this Honble High Court considered the prayer for anticipatory bail of the petitioners and rejected the same.

(3.) Heard the Learned Counsel appearing on behalf of the parties. Perused the Case Diary.