JAYASHREE DEVI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the order dated July 25, 2019 passed by the learned Judicial Magistrate, 7th Court at Alipore in B.G.R. Case No.6089/2019 arising out of Maheshtala P.S. Case No. 775 of 2015 dated December 09, 2015 under Ss. 447/325/354/506/34 of the Indian Penal Code directing to treat the protest petition as a complaint to deal with the same as required under Sec. 200 read with 202 of the Code of Criminal Procedure, the present revisional application has been preferred.

(2.) It has been contended that on December 09, 2015, around 11:30 a.m. while the present petitioner engaged some persons to fill up her own possessed land, suddenly opposite party No. 2 Baikuntha Nath Ojha who is a police personnel along with his men and agents, namely, K.D. Singh, Rajesh Singh, Sailendra Singh and Gopal Singh illegally entered into the said plot of land of the petitioner and forcefully stopped the undergoing work therein and demanded Rs.1,00,000.00 from the petitioner so that she can continue with her work peacefully without any disturbance. As the petitioner raised her objection to such illegal demand, they started threatening the petitioner and told her that she will have to face dire consequences. When the petitioner still did not bend down to their demand, the said accused persons including said Opposite Party No. 2 became furious and started to assault the petitioner physically with hockey stick, iron rod, bricks and also outraged her modesty and for which the petitioner sustained several injuries.

(3.) Thereafter, the petitioner went to police station to lodge complaint by way of First Information Report against the accused persons, namely, Baikuntha Nath Ojha, K.D. Singh, Rajesh Singh, Sailendra Singh and Gopal Singh which has been registered as Maheshtala P.S. Case No.775 of 2015 dated December 09, 2015 under Ss. 447/325/354/506/34 of the Indian Penal Code.