ASHIS DEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This revisional application under section 482 of the Code of Criminal Procedure (hereinafter called the Code) has been preferred by the petitioner praying for quashing the criminal proceeding being G.R. Case No. 41/04 arising out of Suri P.S. Case No. 9 dated 20.1.04 under sections 147/149/448/353/332/427 of IPC and section 3 of the P.D.P. P. Act and all orders passed therein in said G.R. Case now pending in the Court of the learned Sub-Divisional Judicial Magistrate (hereinafter called the SDJM), Suri.

(2.) Learned advocate for the petitioner contended that the informant Pankaj Kumar Chandra was posted as Executive Officer of Suri Municipality at the relevant time. Regarding incident dated 20.1.04 he lodged two complaints one addressed to the Chairman, Suri Municipality and the other FIR before the O.C., Suri P.S. for starting criminal case against the petitioner. In the complaint addressed to the Chairman, the complainant alleged that the petitioner entered into his office room and snapped the telephone wires, lighted a cigarette and abused and insulted him using obscene languages and created pressure on him to sign a bill. When the complainant asked him to behave properly he abused the Chairman also and when the complainant came out of the room for proceeding to the Chairman, the petitioner accompanied by some of his associates pushed the complainant and again abused him with filthy languages and threatened him with dire consequences. In the FIR lodged before the police station at 5.35 P.M. on same day the complainant mentioned that on 20.1.04 at about 1.20 P.M. the petitioner along with 6/7 unknown persons attacked his office and created pressure on him to pass one illegal bill. When he refused to pass the bill they confined him in chamber and assaulted him with fists and blows and damaged some furniture and important documents and also abused him with filthy languages. When he tried to inform the police over phone they disconnected the telephone line and intimidated him with dire consequences.

(3.) He contended that contents of two complaints are different, whereas in the complaint addressed to the Chairman there was entry of petitioner only in the office room of complainant, but in the FIR at police station complainant mentioned about entry of 6/7 unknown persons in the office room along with petitioner. Annexure P-3 is the report of Suri Telephone Exchange which reveals that there was no fault regarding telephone number Suri 255534 and 257308 in the month of January, 2004. It establishes that the story that petitioner snapped telephone wire or disconnected telephone line are false and fabricated. The petitioner belongs to a particular political party and out of political grudge to ruin his political career this false case has been started against him. The Chairman of the Municipality has certified as per Annexure P-4 that both of his telephones were in operation on 20.1.04 and there was no disconnection of telephones and on 20.1.04 there was only misunderstanding and the complainant was responsible for the incident as he first misbehaved with this petitioner and the matter was amicably settled. Even after certificate of Chairman continuance of the criminal proceeding and submission of charge- sheet are abuse of the process of Court. This has been done only to destroy the political image of the petitioner. Accordingly, the impugned criminal proceeding should be quashed and all orders passed in connection with G.R. Case No. 41/04 of the Court of learned SDJM, Suri should be set aside.