SANKAR PAL Vs. MD HIYATULLAH KHAN

JUDGEMENT

(1.) This application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 is at the instance of the accused person of a case and is directed against the order dated 03.09.2009 passed by the learned Judicial Magistrate, Second Court at Alipore in C-1300 of 2009 thereby passing order for proceeding against the accused person / petitioner for offences punishable under Section 323/448 of the I.P.C.

(2.) In June, 2009 the petitioner received a summons from the learned Judicial Magistrate, Fifth Court at Alipore requiring him to answer to offences under Sections 341/323/504/506/34 of the I.P.C., 1860. Md. Anwar Azim filed the complaint case no.C-1301 of 2009 stating that the petitioner is a trespasser of a premises. The accused person / petitioner along with others trespassed into the land of the complainant on 07.03.2009 at 2.30 p.m. and assaulted the complainant and other security guards. Then, again on 08.03.2009 at 5.30 p.m. the accused person / petitioner and their associates committed criminal trespass and assaulted the petitioner with fists and blows. The petitioner filed one petition under Section 144(5) in relation to the application under Section 144(2) of the Cr.P.C., 1973 filed by the so-called owner of the land. The petitioner surrendered before the learned Judicial Magistrate at Alipore accordingly. He was examined under Section 251 of the Cr.P.C. and then the learned Magistrate fixed the next date for recording evidence.

(3.) The accused person / petitioner also received information that another criminal case against him was lodged under the complaint case no.C-1300 of 2009. He was shocked to find that the complaint cases bearing nos.C-1300 of 2009 and C-1301 of 2009 were identical and verbatim complaints stating, inter alia, that the opposite party no.1 and another security guard were the victims of threat and assault. That complaint case bearing no.C-1300 of 2009 was transferred to the Court of the learned Judicial Magistrate, Second Court at Alipore. Therefore, he has prayed for quashing the latter proceeding being no.C-1301 of 2009 by this application.