ATIBUR RAHAMAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal Procedure, 1973, filed at the instance of the petitioner, Atibur Rahaman, seeking to quash the charge sheet No. 239 of 2000 dated 31.8.2000 (G. R. Case No. 697 of 1990) in connection with Beldanga police Station Case No. 112 dated 28.5.1998 under Sections 147/148/149/326/307/302 of the Indian Penal Code and Sections 3 and 4 of the Explosive Substances Act, now pending in the Court of the ld. S. D. J. M. Berhampore, Murshidabad.

(2.) The short facts leading to the filing of this revisional application are as under:--

(3.) The petitioner is a businessman by profession and an Income Tax Payee. The aforesaid Beldanga P. S. case was started on the basis of written complaint' lodged with the Officer-in-Charge of the Beldanga P. S. by one Julfikar Chowdhury alleging, inter alia, that on 28.5.1998, one Najibur Rahaman, S/o. Abdul Odud along with others all of Beldanga P. S. about 11 a.m. being armed with deadly weapons came to Booth No. 133 and attacked Mumtaz Begum, a candidate of National Congress. It was further alleged that they drove her out of the polling booth along with her husband Tarak Sk., and thereafter they attacked booth No. 132 in which de facto complainant was present. The miscreants assaulted his agent also assaulted the de facto complainants' relatives who tried to save him. They ransacked the Booth Nos. 132, 133, 134 and 135 destroying the ballot box and forced the de facto complainant, the Presiding Officer and others to leave the polling booth with a view to rigging. It was further alleged that the Home guards namely Quamuddin and Aziz witnessed the said incident of assault and rigging. The miscreants further attacked the persons on road and fired at Burhan Chowdhury causing grievous bullet injury on his head and who was eventually shifted to Berhampore Hospital. It was further alleged that Nazibur Rahaman, S/o. of Abdul Odud fired from his pistol at Burhan Chowdhury and the bombs were charged by Bari Khan, son of Late Gafur Khan and some others and this entire incident took place as per instruction of Atibur Saheb, who visited the polling booths at about 10 a.m. and as soon as he left the place, the aforesaid incident took place.