SAHADEB GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revision has been preferred against quashing of FIR being Taratala Police Station Case No. 67 of 2018 dtd. 13/4/2018 under Ss. 341/323/114/379 of the Indian Penal Code, which is pending before the Learned Additional Chief Judicial Magistrate, Alipore, South 24 Parganas.

(2.) The petitioner's case is that the opposite party No. 2 filed a complaint before the Officer-in-Charge Taratala Police Station. The case as made out in the complaint is that the opposite party no. 2 went to deposit electricity bill in the CESC Ltd. Office at Taratala on 11/4/2018 at about 2.30 p.m. When he entered into the compound of CESC Power Branch Office at Taratala with his motor bike bearing registration No. WB01-AA 4882 the watchman cum security personnel directed him to park the said motorcycle outside the office complex by abusing him in filthy languages and subsequently the said security personal with some other persons jumped over him and assaulted him with fists, blows and kicks and someone snatched his gold chain from his neck. He also sustained scratch injury on his neck and the miscreants took away his remote car key from his pocket. Thereafter one senior person rescued him and allowed him to deposit the CESC bills.

(3.) The petitioner states that petitioner was present in the CESC Power Branch Office at Taratala on 11/4/2018 at about 2.30 P.M. due to his personal work and when the security personnel repeatedly instructed the opposite party No. 2 to park the vehicle outside the CESC Office premises the Opposite Party No. 2 forcefully tried to park the said vehicle inside the area. After some time the petitioner saw that the opposite party no. 2, the security personnel and two/three other persons were fighting with each other. The petitioner requested them not to create such kind of nuisance inside the CESC Office premises and within five minutes on the request of the petitioner and other officers everything was normal and the Opposite Party no. 2 went inside the premises for depositing his electric bills.