TAPAS DINDA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Petitioners are the FIR named accused persons of Nandakumar Police Station Case No.364 of 2021 dtd. 31/8/2021 under Ss. 341/323/354/506/509/34 of the IPC corresponding to G.R Case No.2235 of 2021, presently pending before the learned Chief Judicial Magistrate, Purba Medinipur.

(2.) In the instant application the petitioners have prayed for quashing of the aforesaid case instituted against them on the basis of a written complaint submitted by one Sushama Midya.

(3.) It is not in dispute that opposite party No.2/defacto complainant is a Gram Panchyat Member and she was distributing forms of Duare Sarkar Project in her personal capacity. Over the said issue, a dispute cropped up between the opposite party No.2 and the petitioners because Duare Sarkar forms are to be distributed by the Block Development Officer. The petitioners were mercilessly beaten by the opposite party No.2 and his men and agents on 24/8/2021. Petitioner No.1 lodged a complaint in the local P.S on the basis of which Nandakumar Police Station Case No.363 of 2021 dtd. 30/8/2021 under Ss. 341/323/325/379/506/34 of the IPC was registered. It is alleged by the petitioners that subsequent case initiated by the opposite party No.2 is out and out a false case. The petitioner No.1 was severely assaulted on 24/8/2021. He was medically treated at Purba Medinipur District Hospital as an injured patient. He was discharged from the hospital in 28/10/2021 and immediately after his discharge the opposite party No.2 filed a written complaint with an allegation that on 29/8/2021 the accused persons wrongfully restrained her, assaulted her, outraged her modesty and intimated her.