STATE OF WEST BENGAL Vs. SANNY CHATTERJEE

JUDGEMENT

(1.) One Biswajit Barman lodged a written complaint on 11/3/2022 with Dumdum GRPS stating, inter alia, that due to the outbreak of Corona, his business was in a bad condition and he had to take loan. In order to pay off the loan amount, he along with his family members agreed to sell out the gold ornaments. Accordingly, he got the gold ornaments converted into gold butts through his local smith. He was advised to sell the gold butts at Kolkata for better price. He was travelling from Bongaon to Sealdah carrying the gold butts for selling on 9/3/2022. At about 01.40 p.m., when his train was standing at platform no. 4 at Dumdum station, he was intercepted by at least six persons pretending to be custom officials. He was forcefully brought down from the train and was taken towards metro railway station by crossing platform no. 5. He was thereafter taken in a yellow taxi. The aforesaid persons assaulted the complainant inside taxi and extorted all his gold butts and JIO keypad mobile. A little further, the complainant was left near'Captain Bheri'.

(2.) On the basis of such written complaint lodged on 11/3/2022, Dumdum GRPS Case No. 9/2022 dtd. 11/3/2022 under Sec. 379/340/419/420/34 IPC was started against these unknown persons miscreants.

(3.) While the case was being investigated the opposite party nos. 1 to 8 filed an application under Sec. 438 of the Code of Criminal Procedure before the Learned Sessions Judge, Alipur vide CMC no. 1318 of 2022. With their bail application the aforesaid opposite parties also filed an affidavit alleged to be sworn by the de facto complainant Biswajit Barman wherein the de facto complainant declared that the case was initiated out of misunderstanding and the matter had been settled out of Court with the intervention of friends and relatives and well-wishers as well. He also declared that he had received his missing gold articles for which he was not willing to proceed with the case and he had no allegation against anybody. The de facto complainant, by his affidavit, also expressed that he had no objection if the aforesaid petitioners (respondent nos. 1 to 8) were granted bail in connection with the said case i.e. Dumdum GRPS Case No. 9/2022 dtd. 11/3/2022.