SOUMENDRA GARAIN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE impugned charge sheet under sections 341/323/506/34 IPC, has been sought to be quashed in this criminal revision invoking section 482 CrPC.

(2.) THE learned counsel for the petitioner submitted that the impugned charge sheet arising out of Neturia Police Station Case No. 100 of 2012 under sections 341/323/506/34 of the Indian Penal Code which was started on an FIR lodged by the opposite party no. 2 herein, to counter -blast the FIR relating to Neturia Police Station Case No. 99 of 2012 under sections 341/323/506/34 of the Indian Penal Code which was lodged by the petitioner no. 2 against the relations of the opposite party no. 2. Next, it is contended that the allegations are false and has been lodged to harass and humiliate the petitioner. Lastly, it is contended that at the time of alleged incident the petitioner was on duty at Midnapur Medical College and Hospital which was about 200 kilometers away from the place of occurrence.

(3.) THE grounds on which the quashing has been sought for indisputably are pure question of facts and essentially the defence of the petitioners. At this stage the truth or falsehood of the rival allegations cannot be gone into. This court without evidence is not supposed to arrive at any conclusion as to which version of the case is true. This criminal revision has no merit and accordingly stands dismissed. The court below is directed to commence the trial at once and conclude the same expeditiously as possible.