SAIFUDDIN KHAN CHOWDHURY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Proceeding being Bhangore Police Station Case No. 257 of 2009 dated 30.07.2009 under sections 147/148/149/302/34 of the Indian Penal Code and sections 25/27 of Arms Act has been assailed.

(2.) The rival allegations in the instant case, as appearing from the materials on record are as follows: On 30.07.2009 around 11.15 A.M. a procession organized C.P.I(M) party members clashed with a procession of T.M.C. supporters in front of Shaksahar Junior High School resulting in a free fight between the two groups. Such a situation created a severe law and order problem and the police authorities under the leadership of the then C.I Bhangore were constrained to intervene. It is alleged that some members of the police party suffered injuries and police had to resorted to firing to maintain law and order. Over such incident the then Officer -in -Charge Bhangore Police Station lodged suo motu complaint being Bhangore Police Station Case No. 256 of 2009 dated 30.07.2009 under sections 147/ 148/149/325/326/307/ 427/333/353/ 126/338 of the Indian Penal Code and sections 25/27 Arms Act and sections 3 /4 of the Explosives Substance Act, Section 3 PDPP Act and section 9 of PO Act. It has also been alleged therein that in the course of such melee, one person namely, Chhakbar Khan Chowdhury died. On the other hand, over the death of the said Chhakbar Khan Chowdhury, another First Information Report being Bhangore Police Station case no.257 of 2009 dated 30.07.2009 under sections 302/34 of the Indian Penal Code and sections 25/27 of Arms Act was registered for investigation at the behest of his brother, Chamedali Khan Chowdhury. In the said First Information Report it was alleged that he along with his brother had assembled at Ghungri Primary School on 30.07.2009 at 10.00 a.m. in a political meeting. It was further alleged that the accused persons being armed with firearms attacked the political meeting and started firing at them. As a result his brother suffered gun injury and succumbed thereto. In conclusion of investigation in both the cases, police reports have been filed.

(3.) Mr . Bhattacharya, learned senior counsel appearing with Mr. Uday Sankar Chattopadhya, learned counsel, submitted that Bhangore Police Station Case No.257 of 2009 dated 30.07.2009 was a subsequent F.I.R. to Bhangore Police Station Case No. 256 of 2009 dated 30.07.2009. Accordingly, the same ought to be quashed. He further submitted that the impugned criminal case is patently absurd in view of the fact that the victim had died due to police firing as it would be evident not only from the earlier criminal case being Bhangore Police Stations Case No. 256 of 2009 dated 30.07.2009 but also the departmental enquiry report dated 07.01.2010 which acknowledged police firing at the spot and the post mortem report of the victim. He accordingly, prayed for quashing of the impugned proceeding. Mr. Banerjee, learned Additional Public Prosecutor submitted that the earlier criminal case being Bhangore Police Station Case No.256 of 2009 related to attack by the miscreants upon the police party which compelled the latter to fire and did not relate to the murder of the victim. Hence, the impugned criminal case could not be said to be a subsequent F.I.R. to Bhangore Police Station Case No. 256 of 2009 as it related to a different incident. He accordingly, prayed dismissal of the petition.