INDRANUJ CHOWDHURY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner/accused has assailed an order dtd. 15/2/2022 passed by the learned Judicial Magistrate, 1st Court at Barrackpore in G.R. Case No.7954 of 2019 rejecting an application under Sec. 239 of the Code of Criminal Procedure filed by the petitioner praying for discharging him from the case on the ground of absence of any material to frame charge against the accused/petitioner.

(2.) It is necessary to mention that Bizpur Police Station Case No.207 of 2019 dtd. 23/4/2019 under Ss. 342/323/506 of the Indian Penal Code and Sec. 75 of the Juvenile Justice (Care and Protection) Act against the petitioner on the basis of a written complaint submitted by one Goutam Majhi.

(3.) It was alleged in the said written complaint that the petitioner is the teacher-in-charge of Dariwala Free Primary School. The daughter of the de facto complainant was a student of Class-I in the said school. On 22/4/2019 the petitioner mercilessly assaulted the daughter of the de facto complainant and wrongfully confined under the high bench of the school. Other guardians of the students of the school rescued the daughter of the de facto complainant.