SAMIDH BANERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioners seek to quash a charge sheet filed in connection with G.R. Case No.1498 of 2007 under Ss. 341/323/506/34 of the Indian Penal Code, 1860, pending before the learned Judicial Magistrate, 1st Court, Basirhat, North 24-Parganas. The said case arises out of Basirhat P.S. Case No.517/07 dated September 12, 2007, under Ss. 341/323/325/307/506/34 of the Indian Penal Code, 1860.

(2.) It appears that opposite party no.2 lodged a complaint before the Basirhat police station alleging, inter alia, that on September 12, 2007, in the morning he found that petitioner nos.1 and 2 along with some other persons encircled the headmaster of the school, Mr. Utpal Sarkar and asked him to go out of the school immediately. A ruckus started at that point of time, Mr. Shibnath Ghosh, another teacher of the school, came to the place. Seeing Shibnath, the accused persons started calling him a henchman of Utpal and threatened to kill both of them. Some guardians of the wards of the school also arrived at the spot. Petitioner nos.1 and 2 along with some other persons started beating Utpal. At that point of time, one Sukjan Bibi told the accused persons not to beat Utpal. Thereafter, Sukjan Bibi started beating Utpal herself. She pressed his private parts forcefully with the intention to kill him. Shibnath tried to rescue Utpal, but the accused persons started beating him with their fists and slapped him. When the F.I.R. maker tried to resist, the accused persons pushed him to the ground. He fell on the ground and suffered an injury.

(3.) On the basis of the said complaint, the relevant police station registered a case under Ss. 341/323/325/307/506/34 of the Indian Penal Code, 1860.