RAJA PAUL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) I have taken this record for disposal of an allegation of unleashing a terror and running of parallel administration of illegal mining within the Eastern Coalfield area under Salanpur Police Station, District Burdwan.

(2.) This revision application was filed with a prayer for quashing of proceeding in connection with GR Case no. 298 of 2016 pending before the Ld. Chief Judicial Magistrate at Asansole arising out of Salanpur Police Station Case No. 29 of 2016 dtd. 31/1/2016 under Sec. 448, 323, 354, 379, 427 and 34 of the Indian Penal Code (hereinafter referred to as IPC).

(3.) The fact, in brief, is that on 31/1/2016 at about 1.30 hours on receiving a source information officials of Eastern Coalfield Ltd., Security Departments, along with CISF personnel and police authorities raided at Dabar Colliery where miscreants were found operating in the mines. During raid at Radhaballavpur colliery mine side huge amount of illegal coal were found in an abandoned unsafe building. After through search one Radheshyam Singh and his wife Nigam Devi being occupier of the said abandoned building used the same for the purpose of stocking illegal excavated coal. The entire consignment of coal were seized. At that time, the raid party conducting its public duty were attacked with knives and other weapons by the said Nigam Devi (opposite party no. 2), her husband Radheshyam Sing and one Sabir Ali with his associates. They also resisted the petitioners from seizing the coal. Raid parties were also threatened to implicate them in false rape and molestation charges. Thereafter, raid party including the petitioners somehow manage to save themselves and a written complaint was lodged at Salanpur Police Station against the opposite party no. 2 her husband and others which was registered as Salanpur Police Station Case No. 28 of 2016 dtd. 31/1/2016 under Sec. 379, 411, 413, 414, 120B, 186, 353 of IPC read with Sec. 30(II) CMN Act.