SAFIK KHAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the order No. 42 dtd. 11/1/2018 passed by the Learned Additional Sessions Judge, Fast Track, 1st Court, Sealdha, South 24 Parganas in session Case No. 02(02)13, arising out of Cossipore police station case No. 183 of 2010 dtd. 2/12/2010 , Present application under sec. 401 read with sec. 482 of the code of criminal procedure has been preferred. Petitioner submits that on 2/12/2010 while petitioner along with his cousin Sk. Mumtaz were returning home at about 11.30/11.45 am, the accused persons attacked them with dangerous weapons. Sk. Mumtaz somehow managed to escape but the accused persons caught hold of the petitioner and dealt fatal blow on his head. While trying to save himself from such blow, the petitioner raised his left hand and sustained fracture injury on the left hand, followed by bleeding injury on his head. Petitioner lodged FIR and on the basis of FIR Cossipore Police Station Case No. 183 of 2010 dtd. 2/12/2010 under Sec. 147/148/149/307/427 of the Indian Penal Code, was registered and the investigation started.

(2.) After conclusion of investigation police submitted charge-sheet against 10 accused persons being petitioner no.-2 to 11 herein under Sec. 147/148/149/307/427 of the Indian Penal Code. Learned Magistrate after being satisfied that the offence triable by a court of session, committed the case to the court of learned Additional Sessions Judge, Fast Track Court, Sealdah, South 24 Parganas. When the case was committed to the court of learned Additional Sessions Judge, Fast Track Court, the accused persons /opposite parties filed an application for framing of charge under Sec. 147/148/149/324/427 of the Indian Penal Code, and to send the record back to the learned ACJM for trial.

(3.) Said application filed by the accused person/opposite parties have been taken up for hearing by the learned judge on 11/1/2018, and after hearing learned Additional Sessions Judge passed the impugned order by which he has been pleased to send back the record of the case to the learned ACJM Sealdah, directing him to proceed with the case considering the same as a case under Sec. 147/148/149/324/427 of the IPC.