BINOY TALUKDAR Vs. AMIT DUTTA

JUDGEMENT

(1.) The Judgment of the Court was as follows : This is to consider an application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 wherein five petitioners impleaded as accused in Sessions Case No. 35(5) of 2002 arising out of GR Case No. 1700 of 2002 pending before the learned Sessions Judge arising out of Bizpur P.S. Case No. 82/2002 dated 27.6.2002 under Sections 147/148/448/325/326/307/506 of the Indian Penal Code.

(2.) The petitioner has sought to quash the proceedings on the grounds stated hereunder : The Petitioner No. 1 is a railway employee, Petitioner No. 2 is the son, Petitioner No. 3 is the wife, Petitioner No. 4 is the sister-in-law and Petitioner No. 5 is the neighbour of the Petitioner No. 1. The Opposite Party No. 1 Amit Dutta lodged a petition before the Learned SDJM and the same was sent to Barrackpore P.S. on 5.6.2002 under Section 156(3) of the Criminal Procedure Code. The allegation contained therein in short is that on 31.5.2002 at about 8 P.M. all the petitioners jointly, forcefully and criminally trespassed inside the house of the complainant with lathi, iron rod, sword etc., and started to assault him and his mother. It has further been alleged that the accused petitioners thrown some liquid acid aiming the mouth of the mother of the petitioner Smt. Swaraswati Dutta, as a result, she sustained severe burn injury. However, the local residents rushed to the spot and separated both the sides. One G.D.E. No. 831 dated 31.5.2002 was lodged with the Bizpur Police Station wherefrom they sent the mother of the complainant, the Opposite Party No. 1 to Kancharapara Railway Hospital for medical treatment from where she was further shifted to Howrah Railway Orthopaedic Hospital.

(3.) The police started the aforesaid P.S. case and on completion of investigation submitted charge-sheet under the aforesaid sections and the learned SDJM, Barrackpore was pleased to transfer the case to the learned judicial Magistrate, 3rd Court at Barrackpore for commitment. Learned Judicial Magistrate, 3rd Court on 20.3.2003 was pleased to commit the present case to the Court of the learned Sessions Judge, at Barasat after compliance of Section 207 of the Cr.P.C. for trial.