RANEN KUMAR MUKHOPADHYAY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By filing this application under section 401 read with section 482 of the Code of Criminal Procedure, one Dr. Ranen Kumar Mukhopadhyay and three other have come before this Court seeking to set aside and/or quash the Charge-sheet No. 261 dated 21-12-2002 submitted by the I.O. of Thakurpukur P.S. before the Court of the learned Sub-Divisional Judicial Magistrate, Alipore in connection with Thakurpukur P.S. Case No. 207 dated 18-7-02 under sections 147/448/427/506/109 of the Indian Penal Code.

(2.) The short facts leading to the filing of this revisional application are as under:- Petitioner No. 1 is a doctor having good reputation in the locality and he is now posted as a Medical Officer, Regional Institute of Opthalmology, Medical College, Kolkata. Petitioner No. 2 is the wife of the petitioner No. 1 and she is a teacher of Holy Home, J.C.S.C. School, Kolkata. Petitioner No. 3 is an old aged retired person aged about 64 years, and he is the father-in-law of the petitioner No. 1. The petitioner No. 4 is also an aged lady aged about 57 year, is the mother-in-law of the petitioner No. 1.

(3.) It has been stated by the petitioners that the petitioners Nos. 1 & 2 are living in the 2nd floor of the house at 339/16/2, Kalipada Mukherjee Road, East Park, Behala as husband and wife and the petitioners Nos. 3 & 4 are also living as husband and wife in the 1st floor of the aforesaid house. The petitioners came to learn that one Smt. Jayasree Mandal, the opposite party No. 2 herein lodged a complaint before the Officer-in-Charge, Thakurpukur P.S. on 18.7.02 against one Babulal Das, a resident of Eastern Region of the house of the complainant alleging that on 1.7.02 at 2.15 a.m. said Babulal Das along with 8/10 unknown persons raided the house of the complainant and they broke the glass panels of her house. It has further been alleged in the aforesaid complaint by Smt. Jayasree Mandal that after discussion she has come to know that the above persons came to her house for the purpose of committing dacoity and other persons gave impetus to said Babulal Das and in the aforesaid complaint the names of the petitioners were also taken out alleging that they encouraged said Babulal Das to commit the aforesaid offence.