SK. GOLAM MURSHED Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) We are dealing with an application under Sec. 438 Cr.P.C in connection with Panskura Police Station case no.556 of 2021 dtd. 18/11/2021 under Ss. 448/423/325/354/427/506/34 of Indian Penal Code read with sec. 3 (i)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act),1989 (herein after referred to as 1989 Act), where petitioners have sought anticipatory bail.

(2.) According to First Information Report (FIR), on 18/11/2021 one Mangali Hansda had been to Panskura Police station and lodged a written complaint stating inter alia that on 31/10/2021 at about 12 at night, the petitioners came in front of her house and started hitting on the tile shed room by 'lathi '. As a result of which some tiles had been broken. She had raised her voice but the petitioners started abusing her in filthy languages towards her caste. She had been assaulted by fist blows and also by 'lathi ' and she became undressed and she was dragged through the road. Local people had rescued them. Petitioners had also threatened to set her house on fire. On receipt of that complaint the instant case had been initiated.

(3.) Mr. Murshed, Ld. Counsel appearing on behalf of the petitioners has submitted that there are long standing disputes between the parties and several litigants which are pending between the parties. And for that reason, petitioners had been falsely implicated in this case with mala fide intention. In support of his contention, he has relied on several documents showing land dispute between the parties.