BOSCO SAIRO Vs. GOUR PAN

JUDGEMENT

(1.) This is an application u/s 482 of the Code of Criminal Procedure for quashing of a proceeding being TR no. 59 of 2016 arising out of CR no. 4 of 2016 u/s 447/323/506/34 of IPC presently pending before the Learned Judicial Magistrate 1st Court Garbeta, Paschim Medinipur.

(2.) The brief fact of the case is that the present opposite party lodged a written complaint before the jurisdictional Magistrate contending inter alia that the father and uncle of the present opposite party have an undivided landed property at the suit mouja. The uncle of the opposite party entered into an agreement with Bharati Airtel Limited for installation of a mobile tower without knowledge of the father of the petitioners the said undivided land. Dispute arose between the father and uncle of the opposite party and one complaint case was registered. On 24/11/2015 at about 2:30 p.m. the complainant came to know that his uncle along with some outsider entered into the above undivided land and caused measurement. At the time the OP reached the spot wherein the present petitioner and other accused abused the petitioner with filthy languages also physically assaulted and threatened him with dire consequences. By such the petitioner sustained injury and was treated at hospital. Consequently he filed the instant complaint case. After receiving the complaint, the court below has examined the complainant as well as the witnesses on S/A. Thereafter the Learned Magistrate has directed the O.C Garbeta P.S. to conduct an investigation u/s 202 Cr.P.C. and to submit a report. The O.C. conducted investigation of the case and submitted a report before the Learned Magistrate on 24/5/2017. After receiving the report the Learned Magistrate has issued the process against the accused persons u/s 323 of IPC.

(3.) Hence this revision.