RANVIJAY SINGH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revisional application under section 482 Cr.PC has been filed for quashing of the proceedings in Sessions Case No. 38 of 1983 pending before the Court of learned Additional Sessions Judge, 2nd Court, Jalpaiguri arising out of G.R. Case No. 572/80 in connection with Metelli Police Station Case No. 4 dated 04.04.1980. The petitioner contends that the aforesaid PS case was instituted on the basis of a complaint lodged by OP No. 2 Dalim Thapa against the petitioner to the effect that on 03.04.1980 the workers of Moorti Tea Estate demanded supply of tank water from the petitioner when the petitioner was taking a tank full of water to his Bungalow as there was no supply of water for last three days. The petitioner being Senior Manager of the tea estate did not pay any heed to such demand. The workers also demanded fulltime charges for their extra work which was also refused by him. At that time the workers became furious and to control the situation police intervened and fired from their guns to disperse the workers while Sher Bahadur Thapa and his wife were injured. The workers then went to the Bungalow of the petitioner and requested for providing transport for removing the injured to the hospital. At that time the petitioner opened fire from his licenced gun and killed Pritam Thapa and two others were injured giving rise to the said case.

(2.) On the self-same issue the petitioner lodged a counter case against Pritam Thapa, Kumar Thapa, Jas Bahadur, Sher Bahadur and 300/400 men and women of Moorty Tea Estate on charges of firing, unlawful assembly with deadly weapons and fire arms and attacking the house of the petitioner with the intention to commit murder and grievous hurt and set fire to his house and motor car. On this basis the Metelli PS case no. 3 dated 04.04.1980 was started under sections 147/148/149/448/506/307/436/427/325/435/480/120B IPC read with section 25/27 of the Arms Act.

(3.) After completion of investigation police submitted chargesheet bearing no. 44 dated 05.10.2008 in connection with Metelli PS case No. 4 of 1980 under Section 302 IPC. On the basis of such chargesheet the learned erstwhile Sub-Additional Judicial Magistrate, Jalpaiguri took cognizance of the offence on 11.01.1983 and copies of relevant documents were supplied to the accused and the case was committed to the Court of learned Sessions Judge on 4.06.1983 which was renumbered as Sessions Case No. 38 of 1983. The learned Sessions Judge thereafter transferred the case by order dated 13.08.1983 to the Court of learned Additional Sessions Judge, 2nd Court, Jalpriguri for trial and disposal.