UMANATH CHOWDHURY Vs. RAHUL DUTTA

JUDGEMENT

(1.) By this application under section 401 read with section 482 of Cr.PC the present petitioners have prayed for setting aside the order dated 19.3.2002 passed by the learned Judicial Magistrate, 6th Court, Sealdah, 24-Parganas (South) in G.R. Case No. 219 of 1995 and T.R. No. 3 of 1999. By the said order, the learned Magistrate, after full trial found both the accused persons, figured as opposite parties Nos. 1 and 2 in this case, not guilty to the charge and acquitted them under section 248(1) CrPC.

(2.) All the parties appeared and contested this application.

(3.) It is to be noted that on the basis of a complaint filed by the present petitioners on the allegations that in the night between 5th and 6th August, 1994, the accused persons entered into a criminal conspiracy and criminally trespassed into the premises No. 22/1/1A, Raja Manindra Road and broke open the doors and windows of the said premises and took possession of the same and also committed theft in respect of some articles kept therein. On the basis of the said complaint, the police started investigation after treating the complaint as FIR and on completion of investigation submitted a charge sheet. The learned Magistrate, thereafter framed charge under section 456, 114 IPC. Both the accused persons pleaded not guilty to the charge and accordingly the prosecution produced altogether four witnesses including the Investigating Officer. No defence witness was adduced and after hearing both sides, the learned Magistrate came to the conclusion that the case was not proved due to the laches on the part of the prosecution and thereafter found both the accused persons not guilty to the charge and acquitted them in the manner as indicated hereinabove.