BALAK NATH MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This application under Sections 397/401/482 of the Code of Criminal Procedure, 1973 is at the instance of the accused persons and is directed against the order No. 13 dated 22.09.1993 passed by the learned Additional Sessions Judge, Birbhum in Sessions Case No. 83 of 1992.

(2.) The fact of the case in short is that the petitioner No. 1 owns a sand quarry at Patharchal, under P.S. Md. Bazar, District - Birbhum and the petitioner No. 2 is his friend. One Rustam Sheikh, night guard of the quarry of the petitioner No. 1, lodged an FIR with the Md. Bazar P.S. to the effect that on 24.06.1990 at 10.30 p.m. while he along with other persons and some 10/12 female labourers were also returning from the "Rathmela" of Ganpur under P.S. Md. Bazar, three unknown persons attacked him and he sustained severe injuries on his face just beside his left eye and on the belly. On that day at night while they were moving in the "Rathmela" he noticed the petitioner No. 1, his friend, petitioner No. 2 and other 2 persons were moving in the "Rathmela" in the drunken condition and then the petitioner No. 1 asked him to leave four girls with them for their enjoyment. He could not agree to that proposal. Then while they were returning through Ganpur forest, 3 unknown persons attacked him and he also realised in the dark that the petitioner No. 2 was present there and he ordered the three unknown persons to assault him. Police investigated the case on getting such ejahar. After completion of investigation, chargesheet was submitted.

(3.) Then the case was pending before the learned Additional Sessions Judge, Suri. By the order impugned, the learned Additional Sessions Judge framed charge under Section 307/34 of the I.P.C. Being aggrieved by the said order of framing charge, the petitioners have come up with the application for quashing the criminal proceedings against them.