KASHINATH DEY @ KASHI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) An application under Sec. 482 of the Code of Criminal Procedure has been filed being aggrieved by the order dtd. 14/12/2022 passed by the learned Special Executive Magistrate at Chandannagar Division, Chandannagar, Police Commissionerate in NGR(E) No.148/2022 along with an order to quash the entire proceeding as aforesaid.

(2.) The impugned order dtd. 14/12/2022 passed by the learned Special Executive Magistrate, which inter alia, precisely observed that the petitioner herein committed breach of bond for good behaviour furnished by him under Sec. 117 of Cr.PC by committing a fresh criminal offence which indicated that the petitioner herein was a habitual offender, who was not inclined to correct his conduct refraining from committing any criminal offence and to exhibit good behaviour. It was further considered that the petitioner was desperate and dangerous in nature and did not display any respect for the law of the land.

(3.) It was further observed that the petitioner herein committed a criminal offence involving illegal firearms with one round live ammunition, which were recovered from his possession and therefore, violated the condition of bond by committing criminal offence. Further in connection with CGR PS Case No.232 of 2022 dtd. 26/10/2022 under Sec. 25/27 of the Arms Act, a police case was initiated against him. However, due to his non-cooperation, the proceeding could not proceed. Thereafter, the petitioner herein was arrested in connection with Chandannagar PS Case No.230 of 2022 dtd. 20/10/2022 under Ss. 399/402 of the Indian Penal Code as he was FIR named accused person. The petitioner herein has also been accused in connection with Bhadreswar PS Case No.559 of 2022 dtd. 17/10/2022 under Ss. 399/402 IPC and 25/27 of the Arms Act and presently he is in District Correctional Home, Purulia.