ALUM MOLLA @ ALAM MOLLA Vs. STATE

JUDGEMENT

(1.) The petitioners are aggrieved by the institution of the impugned proceeding being G. R. Case No.312 of 2011 pending before the learned Additional Chief Judicial Magistrate, Katwa, Burdwan arising out of Ketugram Police Station Case No. 103 of 2011 dated 20.5.2011 under Sections 149/ 448/380/436/457/34 of the Indian Penal Code and prays for quashing of the same on the ground that the earlier criminal proceeding instituted by the opposite party No.2 herein was dismissed for non-prosecution.

(2.) The learned Counsel appearing for the petitioners submits that the opposite party No.2 had taken out an earlier application under Section 156 (3) of the Criminal Procedure Code on the selfsame facts before the learned Chief Judicial Magistrate, Katwa. By order dated 8.10.2010, the learned Magistrate declined to send the application to the police for registration of a First Information Report but, on the contrary, took cognizance of the alleged offences under Section 200 of the Code of Criminal Procedure and proceeded under the Code. For the reasons best known to the opposite party No. 2, the opposite party No.2 chose not to appear in the said proceeding and the proceeding was dismissed for default by order dated 29.8.2011.

(3.) Suppressing the pendency of the aforesaid complaint proceeding, the opposite party No. 2 took out another application under Section 156 (3) of the Code of Criminal Procedure on selfsame facts which, however, was sent to the Police Station for investigation. Pursuant to such investigation, police report was filed, prima facie, disclosing commission of the alleged offences. Learned Magistrate having taken cognizance on the basis of the said police report and having issued process against the petitioners, the latter have approached this Court praying for quashing of the same.