SYED RUHUL AMIN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Present application has been preferred under sec. 482 of the code of Criminal Procedure for quashing of the charge-sheet being Charge sheet no. 212 of 2018 dtd. 31/10/2018 under Ss. 147/149/153/153A/153B/186/188/120B of the Indian Penal Code along with sec. 7 of West Bengal animal slaughter control Act, 1950 arising out of Narayangarh Police Station case no. 7 of 2015 dtd. 7/1/2015 pending before the court of the learned Chief Judicial Magistrate at Paschim Medinipur including the order dtd. 6/12/2018, passed in connection therewith.

(2.) On January 7, 2015, a suo moto First information Report was lodged by officer-in-charge of Narayangarh Police Station against as many as thirteen accused persons including present petitioner, inter alia on the allegations that the accused person without any legal permission conducted a "Jalsa" programme at village Gama where they have slotted three cows in order to provoke persons of other religion and distributed it amongst 1200 visitors of 'Jalsa' programme. It is further alleged that in order to conduct said 'Jalsa' petitioner and others distributed leaflet in order to flare up communal tension and the entire episode was well planned, ill-intentioned and to spread communal disharmony. The petitioner along with others in order to instigate villagers shouted slogans prejudicial to maintenance of harmony and national integration. Entire programme of cow slaughter in public place was carried on in a planned way under the direct conspiracy of the present petitioner contravening order of public authorities. The activities of petitioners and others were prejudicial to the maintenance of harmony between different religion, racial, language or regional groups or castes or communities, which disturbed the public tranquillity.

(3.) Learned advocate for the petitioner submits that after purported investigation on 6/12/2018 the investigating agency filed a charge-sheet being Charge sheet no. 212 of 2018 dated 31.10. 2018 against as many as 13 accused persons and vide order dtd. 6/12/2018, the learned Chief Judicial Magistrate was pleased to take purported cognizance, and was pleased to issue warrant of arrest against the petitioner herein. Subsequently on 15/12/2018 petitioner surrendered before the Court and obtained bail.