SARIFUL AHMED Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revision has been preferred praying for quashing the impugned proceeding arising out of Lake Police Station Case No. 63 dtd. 4/3/2016 under Ss. 364A/386/34 of the Indian Penal Code and Sec. 25 (1B)(a) of Arms Act; now pending before the Court of Learned Chief Judicial Magistrate, Alipore, 24 Parganas(s), (corresponding to C.G.R. Case No. 984/2016.

(2.) The petitioner's case is that the prosecution story as it has been alleged is that a complaint was made by one Pradeep Baid before the Lake Police Station stating inter alia that on 29/2/2016 at about 3.00 - 3.30 P.M. the complainant had an appointment with the landlady of P-450, Keyatala Lane, near Vivekananda Park, South Kolkata for joint venture development of her said property through a middle man "Subho Da" alias Sourav Dey. Before that day complainant had visited that house twice and met the landlord but never met the landlady. On both the occasion the person "Subho Da" took the complainant there. As per him (Subho Da) knows the entire family since long. On 27/2/2016 at about 1.30 -2.00 P.M. complainant along with Subho Da and his (Complainant's) friend Mr. Deepak Chandak met the landlord at Filler's Caf ((THELAW)) near Vivekananda Park for nearly one hour. In course of discussion they came to know that the landlady is asking for some extra money for herself and Subho Da was to co-ordinate with the landlady. Subho Da called the complainant on Saturday evening and on Sunday and told that on Monday, the 29th the landlord would visit his daughter's house at Saltlake from 2.00 -4.00 P.M. In between they can meet the landlady and clinch the deal. As per the above appointment, complainant reached the place approx at 3.30P.M. and called up Subho Da, who told the complainant to park the car a little away and walked down to the gate of the property. Complainant as per the guidance of Subho Da walked down to the gate where Subho Da escorted him to the waiting hall on the ground floor of the G+2 storied building and the complainant was sitting on a sofa and waited for the landlady to come down. Then Subho Da asked the guard to call the "Boudi" alias landlady and also asked him to get some cold water. Just one minute later Subho Da went out and 2(two) more persons (new to complainant) entered into the waiting hall and stood in front of the complainant. Next moment Subho Da came running with the revolver in one hand and razor in another and asked the complainant to get into his scorpio car. When the complainant objected and wanted to raise an alarm, Subho Da hit the face (left side) of the complainant, with the razor sharp object and blood started pouring and all three accused persons pushed the complainant into their car. Another person was at the driving seat and the car started moving. Complainant was bleeding badly. Then they gave him a T-Shirt to cover the blood stain on complainant's shirt and also gave him a red cloth to keep pressed on the wounds on his face, to stop the bleeding and so that the bleeding would not be visible. They then kicked/punched the head, shoulder and face of the complainant, whenever the complainant was crying. Subho Da showed a revolver to the complainant and also showed One Daw, Small Bhojali and told him that he (Subho Da) will take revenge and will kill the complainant. The car went up to New Barrackpur crossing on Jessore Road ferrying through Golpark, Gariahat Flyover, Park Circus, Suhawardy Avenue, Biswakarma, Bypass, Newtown, Chinar Park, V.I.P. Road, and Jessore Road and then took a "U" turn and reached Charnock Hospital, where Subho Da got down and bought Soframycin cream and micro tape for the complainant's wound dressing and applied the same to the complainant's wound. In between Subho Da took out the hand bala (gold), gold chain, two rings, wrist watch, wallet and both mobile phones of the complainant, and switched off the mobile phones. The car stopped at Baguihati bus stand and the accused took the HDFC ATM card ending 9688 of the complainant and asked the complainant, the 'pin number' for withdrawal of cash. Complainant gave the 'pin number' to the accused. The accused person then withdrew a sum of Rupees 95,000/-. The car then reached Kankulia Road after a brief stop at Topsia, near a hospital and a Temple. After nearly four hours of negotiation Subho Da settled for Rs.60.00 Lakhs to be payable by 4/2/2016 in order to save the complainant's life. Finally the accused persons dropped the complainant opposite Lady Brabourne College at Park Circus at 10.30 P.M. and returned the wallet, two gold rings and wrist watch. Then the complainant took a yellow taxi and returned home. On the way home, the accused person called the complainant again and told him not to inform the police and not to block the ATM card and also told the complainant that his hand bala, and gold chain would be returned to him and to remember the date deadline.

(3.) The investigating agency after completion of investigation submitted the Charge Sheet being no. 111 of 2016 on 21/6/2016 against the present petitioner and 3(three) other accused persons for the offence punishable under sec. 364A/386/307/120B of the Indian Penal Code.