LAWS(CAL)-2023-5-186

KAZI HIDAYATUL BARI Vs. STATE OF WEST BENGAL

Decided On May 04, 2023
Kazi Hidayatul Bari Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) The present revision has been preferred praying for quashing of S.C./S.T. No. 05 of 2019, pending before the Learned Additional Sessions Judge, 1st Court, Asansol arising out of Kanksa Police Station Case No. 178/2019 dtd. 4/6/2019 under Ss. 326/331/348/450/506/120B of the Indian Penal Code read with Sec. 3 of the Scheduled Caste and Scheduled Tribes Act.

(2.) The petitioner's case is that a petition of complaint was filed before the Court of the Learned Additional Chief Judicial Magistrate, Durgapur by the opposite party no. 2 therein alleging commission of offences against the petitioners punishable under Ss. 326/331/348/450/506/120B of the Indian Penal Code read with Sec. 3 of the Scheduled Caste and Scheduled Tribes Act. Pursuant to the direction of the Learned Additional Chief Judicial Magistrate, Durgapur, Kanksa Police Station Case No. 178/2019 dtd. 4/6/2019 under Ss. 326/331/348/450/506/120B of the Indian Penal Code read with Sec. 3 of the Scheduled Caste and Scheduled Tribes Act was registered for investigation.

(3.) The allegations leveled in the said petition of complaint are inter alia to the effect that the opposite party no. 2 and the petitioners were having a land dispute due to Barga Cultivation by the opposite party no. 2's predecessor.