DEEPA SHARMA @ NEOPANE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revision has been preferred praying for quashing of proceedings being G.R. No. 3606/2018 pending before the Learned Additional Chief Judicial Magistrate, Siliguri arising out of Matigara Police Station Case No.658/2018 dtd. 16/12/2018 under Ss. 447/323/354/506/34 of the Indian Penal Code and under Ss. 3(iv)(v)(x)(xii)(xv) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act, 1989).

(2.) The petitioner's case is that the Opposite Party No. 2 herein in gross abuse and/or misuse of the process of criminal law filed an application under Sec. 156(3) of the Code of Criminal Procedure before the Learned Additional Chief Judicial Magistrate, Siliguri against the petitioners herein and others. Pursuant to the direction of the Learned Additional Chief Judicial Magistrate, Siliguri to treat such application as the first information report, the instant case being Matigara Police Station Case No. 658/2018 dtd. 16/12/2018 under Ss. 447/323/354/506/34 of the Indian Penal Code and under Ss. 3 (iv)(v)(x)(xii)(xv) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was registered for investigation.

(3.) The allegations in the first information report are inter alia as follows:-