LAWS(CAL)-2024-7-2

TAPASH CHAKI Vs. STATE OF WEST BENGAL

Decided On July 02, 2024
Tapash Chaki Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) The instant revisional application has been filed by the petitioner praying for quashing of the proceedings of G.R. Case No. 02 of 2011, pending before the Court of the Learned Additional Chief Judicial Magistrate, Kalyani which arose out of Chakda Police Station Case No. 591/2010 dtd. 29/12/2010 under Ss. 272/273 of the Indian Penal Code.

(2.) The allegations in the complaint dtd. 29/10/2010, inter alia, elucidated the opposite party no. 2 to have purchased two Lactogen - I infant food packets from Sathi Stores, of Chakda Bus Stand on 12/12/2010. After purchasing the said infant food the opposite party no. 2 fed the same to his twin babies. Subsequently, the opposite party no. 2 noticed the remaining portion of the contents in the said packet contained small insects. Consuming the contaminated infant food the babies of the opposite party no. 2 got ill and subsequently the opposite party no. 2 took his babies to Dr. Dipak Das Roy according to whom the adulterated infant food sickened the babies. After returning from doctor's chamber the opposite party no. 2 opened the second packet and after opening the same, noticed more insects in that packet also.

(3.) After initiation of the impugned proceeding the petitioner duly surrendered before the Court of the Learned Additional Chief Judicial Magistrate, Kalyani 6/1/2011 and was thereafter released on bail by the Learned Magistrate on the same day.