BISWANATH DOLUI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present case arises out of an application under Section 397/401/482 of the Code of Criminal Procedure, 1973. It is directed against the order dt. 30.05.2011 passed by the Ld. Judicial Magistrate, 1st class, Amta, Howrah in complaint case No. 56C of 2011 dismissing the complaint under Section 203 of the Code of Criminal Procedure.

(2.) The relevant facts of the present case are, in a nutshell, as follows: The petitioner herein filed a complaint alleging inter alia therein that the accused persons being armed with lathi, bamboos etc. assaulted the complainant and the members of his family. And accordingly he lodged general diary with the Amta Police Station on 11.11.2010 and thereafter they got themselves treated medically by the doctor of Amta Rural Hospital. Subsequently, on 15.11.2010 the complainant filed complaint before the Ld. Judicial Magistrate, Amta, Howrah, which was registered as complaint case No. 56C of 2010.

(3.) The Ld. Magistrate on receiving the said complaint took cognizance of the offence and examined the witnesses as per the provisions of Section 200 Code of Criminal Procedure. Being not satisfied with the initial evidence of the witnesses, the Ld. Magistrate asked the Officerin-Charge, Amta Police Station to submit report under the provision of Section 202 Code of Criminal Procedure. The concerned officer-incharge in compliance with the said order of the Court, enquired into the matter and submitted report. After going through the said police report, the Ld. Magistrate dismissed the complaint as per the provision of Section 203 of the Code of Criminal Procedure without considering the prayer of the complainant for further enquiry into the matter by other competent authority. Being aggrieved by and dissatisfied with the said order of the Ld. Magistrate, the complainant/the petitioner herein has preferred this revisional application for setting aside the said impugned order dt. 22.10.2011 passed in complaint case No. 56C of 2010.