PATRU DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This revisional application has been preferred by the petitioners praying for quashing the criminal proceeding being G.R. Case No. 38 of 2003 and the charge-sheet No. 89 of 2003 arising out of Dhantala P.S. Case No. 11 dated 9.11.03 now pending in the Court of the learned S.D.J.M., Ranaghat.

(2.) Learned Advocate for the petitioners contended that the O.P. No. 2 has lodged a false complaint against the petitioners alleging commission of offence under Sections 147/148/324/448/307 of I.P.C. In the complaint it was stated that the incident took place on 2nd January, 2003 at about 4 p.m. The petitioner No. 2 is an employee of State Poultry Firm, Ranaghat and on 2.1.03 he was in his office from 10 a.m. to 5.30 p.m. and it has been certified by Assistant Director, Animal Resource Development of the said poultry firm. Husband of the O.P. No. 2 is an antisocial and he is creating trouble in that area for which the neighbours and 'para' people filed a mass petition before the O.C., Dhantala P.S. to take appropriate action against Pankaj Das, the husband of de facto-complainant, O.P. No. 2. The O.P. No. 2 being assisted by her husband has lodged a false complaint to create pressure upon the petitioners alleging false story of assault on Pankaj Das at the relevant time. The doctor's report reveals that there was no external injury on the person of Pankaj Das and he was discharged from hospital on 13.1.03 with story of assault. There was no such injury which can attract elements of Section 307 of I.P.C. Allegations of raiding their house with a view to assault are totally false. The entire criminal proceeding is based on false complaint and the criminal proceeding should be quashed.

(3.) Learned Advocate appearing for the State submitted that the stage is not at all fit for quashing the proceeding or discharging the accused petitioners. It is not such a case in which the F.I.R. at its face value does not disclose commission of any offence. After completing investigation the police has already submitted charge-sheet. There is no ground and reason to quash the charge-sheet as this Court at this stage would not enter into discussion of evidence like a trial Court of appellate Court. The learned Magistrate may be direction to pass necessary order.