SYED NAZMUL HOSSAIN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant revision case is to challenge the proceeding pursuant to the FIR being New Market Police Station Case No. 226 of 2015 dtd. 27/5/2015, under Sec. 401A of the Kolkata Municipal Corporation Act, 1980. The revisionists have prayed quashing of the said charge sheet as well as procedure subsequent thereto now pending before the Municipal Magistrate, 3rd Court at Calcutta.

(2.) The petitioners have founded their case principally on two grounds, firstly that the criminal case against them being a subsequent one to another lodged earlier (that is New Market Police Station Case No. 166 of 2009), on the selfsame cause of action is not maintainable. Also that the said earlier Case No. 166 of 2009, the petitioners have been exonerated after investigation as they were not sent up in the charge sheet filed by the police. The petitioners have urged that the present criminal case is only motivatedly lodged against them, the opposite party/authorities having not been successful in its earlier attempt to victimise the petitioner.

(3.) Necessary facts in a nut shell require to be dealt with in this case may be stated in the following words.