BUDDHADEV DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) G.R. Case No.133 of 2021 arising out of Mongalkote Police Station Case No.50 of 2021 dtd. 10/2/2021 under Ss. 448/341/323/325/34 of the Indian Penal Code is pending before the learned Additional Chief Judicial Magistrate, Katwa, Purba Bardhaman.

(2.) The accused persons of the said case have preferred the instant revision praying for quashing of the proceeding on the ground that though charge sheet has been filed against the petitioners under Ss. 325 of the Indian Penal Code, the Investigating Officer failed to collect any injury report of the injured person. It is so submitted by the learned advocate for the petitioner on the basis of the documents supplied to the petitioners under Sec. 207 of the Code of Criminal Procedure. The learned advocate for the petitioners also submits that there are 23 witnesses as per charge sheet. The learned trial Judge framed charge against the accused persons on 22/7/2022 and fix 27/12/2022 for evidence of charge sheeted witness No.1. If the trial of the case proceeds with such pace, there is no certainty that the instant matter will be disposed of within a reasonable period of time.

(3.) It is also urged by the learned advocate for the petitioner that charge sheet clearly reveals that the opposite party No.1 filed a civil suit against the private opposite party. Due to the pendency of the civil suit there is animosity between the parties and as a result of such inimical relationship a false complaint was lodged against the petitioners.