SHYAMAL KANTI GOSWAMI Vs. ASHIM MUKHERJEE

JUDGEMENT

(1.) The proceeding being complaint case No. C 2407 of 2012 pending before the learned Judicial Magistrate, 8th Court at Alipore, South 24- Parganas under Sections 341/323/324/352/427/384/504/506/34 of the Indian Penal Code has been assailed.

(2.) Two issues have been raised challenging the legality of the proceeding including the order issuing process. Firstly, enquiry under section 202 of the Code of Criminal Procedure was not conducted in the instant case prior to issuance of process although the petitioners were residing beyond the territorial jurisdiction of the learned Magistrate. Reliance has been placed in the case of National Bank of Oman v. Barakara Abdul Aziz, 2013 2 SCC 488, Udai Shankar Aaasthi Vs. State of U.P., 2013 2 SCC 435 and on an unreported decision of this Court dated 10th April, 2013 in C.R.R. No. 179 of 2013. It is further submitted that apart from the complaint only one Babai Lama was examined under section 200 of the Code of Criminal Procedure although he was not cited as witness in the petition of complaint.

(3.) I have considered the submissions in the light of the materials on record. I find that the petition of complaint was filed against seven accused persons. It is alleged in the petition of complaint that the petitioners had physically assaulted the complainant in broad daylight. The complainant examined himself under section 200 of the Code of Criminal Procedure naming the petitioners and one Manoranjan Das as his assailants. Such version was supported by one Babai Lama who saw the incident and rushed to the spot where the assailants ran away.