LAWS(CAL)-2010-3-124

BIPLAB KUMAR CHATERJEE Vs. STATE

Decided On March 05, 2010
BIPLAB KUMAR CHATTERJEE Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) On 10th April, 2002, Dola Dey, the wife of Sambhu Dey, a part-time sweeper of a computer centre attached to Konnagar Kalyan Parishad of Master Para lodged an FIR against the revisionist, the General Secretary of Konnagar Kalyan Parishad, and Samik Dey, a computer teacher alleging inter alia that on 20th September, 2001 accused Sri Dey outraged her modesty while the revisionist prevented her from calling the people. According to the informant, since there was a student strike none, except those two persons, was present on that date at the relevant point of time when she had been to the computer centre for sweeping the same. However, such written information was submitted in the P. S. after the lapse of more than six months when she was threatened and assaulted by some unknown miscreants at the instance of the aforenamed two accused. Pursuant to such allegations Uttarpara P.S. Case No. 67/02, dated 10-4-02 under Sections 354/323/309/34 IPC was registered against both of them.

(2.) The case was endorsed to S. I., Sri T. Ganguly for investigation. In course of investigation, I.O. visited the P.O. and examined as many as five witnesses. On perusal of materials collected by him he formed an opinion that a prima facie charge has been well-established and submitted charge-sheet under Sections 323/354 IPC against them on 9-5-03 accordingly.

(3.) Feeling aggrieved by submission of such charge-sheet, the revisionist has preferred this application praying for quashing of the said charge-sheet.