SUSHANTA JANA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) - The instant Revisional Application by the petitioner-complainant (hereinafter referred to as complainant) under sections 397, 401 and 482 of the Code of Criminal Procedure, 1973 (hereinafter shortened into Code) is directed against the orders dated 16.11.92 and 30.11.92 passed by the Judicial Magistrate, 2nd Court, Howrah, in Case No. 1615C of 1991 before him, as also the order No. 144G dated 18.11.92 passed by the Chief Judicial Magistrate at Howrah in connection therewith, on the grounds set forth therein, in the circumstances hereunder stated.

(2.) The complainant had been holding a shop room (hut) at C.S. Plot No. 744 of Mauza-Santashpur, P.S. Bauria, District Howrah, under Licence from the Zilla Parishad. It is alleged by the complainant that on 20.11.91 at about 8.30 A.M. the opposite-party Nos. 2 to 7-accused (hereinafter referred to as accused), along with others, armed with various weapons, had trespassed into his aforesaid shop room and had dismantled the same under threat, causing loss of goods worth Its. 5,000/-, money of Rs. 300/- only approximately in notes and coins, and Rs. 25,000/- only as value of the structure destroyed by them.

(3.) The accused Nos. 2 and 3 are the officers of Bauria P.S. while the accused Nos. 4 and 5 are the Commissioners of Uluberia Municipality, and the accused No. 6 is an employee thereof. The accused Nos. 4 to 6 had much influence and the witnesses of the complainant were apprehensive of coming to Uluberia. Being apprehensive of pursuing his legal remedies before the Judicial Magistrates Courts at Uluberia, the complainant had accordingly lodged a petition of complaint before the Chief Judicial Magistrate (hereinafter shortened into C.J.M.) at Howrah on 2.12.1991 on the aforesaid allegations against the accused persons, whereupon he (C.J.M.) had taken cognizance of the alleged offence and had transferred the relevant case, being No. 1615C of 1991, to the learned Judicial Magistrate, 2nd Court, Howrah, for disposal.