RAJ AMITAVA MITRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioners by filing the instant application under Section 482 of Code of Criminal Procedure sought for quashing of the proceeding, being Jadavpur P.S. case No. 539 of 2009 dated 14th October, 2009, corresponding to B.G. R. No. 5174 of 2009, now pending before the learned Court of Additional Chief Judicial Magistrate, Alipur, 24 Parganas (S) under Sections 323/386/427/406/504/506/34 of the Indian Penal Code. The crux of the controversy, as raised in the instant application, is whether or not following Mechiavellian code of ethics, this Court would accept that "ends justify the means".

(2.) The people of this country are groomed with the ideas and thoughts of Mahatma Gandhi, the Father of the Nation. He believed, that `right means must be employed to achieve right ends'. The backdrop of the present case is : -

(3.) Opposite party No. 2 filed a petition of complaint before the learned Court of Additional Chief Judicial Magistrate, Alipur, 24Parganas (S) with the prayer for referring the said complaint to police authority for investigation after treating the same as the First Information Report under Section 156 (3) of the Code of Criminal Procedure. Claiming to be the owner of Hyundai Accent Car, being registration No. WB 02L-2002, he admitted that he purchased the same by taking loan from HDFC Bank Limited in the month of July, 2008. It was a second hand car. He took loan of an amount of Rs. 1,90,000/- on the terms and conditions that the said amount with interest could be repaid by monthly instalments of Rs. 5,811/-. He went on paying the E.M.I. and it was last paid on 9th September, 2009. On 22nd September, 2009 at about 1.30 P.M., when he was coming from Garia and moving towards Jadavpur, the accused Nos. 3 and 4 came in front of the car near Ganguli Bagan bus stop and stopped the car under leadership of accused Nos. 1 and 2. Some miscreants forcibly opened the door of the car and wrongfully trespassed inside. They abused him in filthy language and assaulted him with fists and blows. He was, thereafter, thrown out of the car. They forced him to sign in the surrender letter and thereafter, left with the car as well as the original documents like blue book, driving licence, tax token etc. which were inside the vehicle. Failing to contact Officers of the HDFC Bank, he approached the Jadavpur Police Station and lodged a written complaint. He was advised by the concerned police authority to approach the Court in order to obtain necessary legal order. Since he sustained injury, he was advised by the police personnel to go to M.R. Bangur Hospital for necessary medical treatment. He alleged that all the accused persons being the petitioners herein thus committed the offence of mischief, extortion, criminal trespass and also voluntarily caused hurt in collusion with each other to the complainant/opposite party No. 2 and criminally intimidated him. They also forced him to put his signature on the purported surrender letter.