GURUDAS MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This Criminal Revisional application has been filed by the petitioners under Sec. 482 read with Sec. 401 of the Code of Criminal Procedure, 1973 seeking quashing of proceeding in connection with G.R. Case No. 01 of 2019 arising out of Hariharpara Police Station Case No. 01 of 2019 dated 1st Day of January, 2019 under Ss. 447/506/34 of the Indian Penal Code, 1860 which culminated into Charge Sheet vide Charge Sheet No. 66 of 2019 dated 6th day of February, 2019 under Ss. 448/506/34 of the Indian Penal Code, 1860 pending before the Court of the Learned Chief Judicial Magistrate, Berhampur, Murshidabad.

(2.) The brief facts are relevant for the purpose of disposal of this case as under: The petitioner nos. 1 and 2 are the husband and wife. Petitioner No. 1 employed as a constable under the National Disaster Response Force under the Ministry of Home Affairs. They have been arraigned as accused persons on the basis of a written complaint filed by the opposite party no. 2 alleging therein that one another case being Belgharia Police Station Case No. 370 of 2018 dated 28th Day of May, 2018 under Ss. 376/417/506 of the Indian Penal Code, 1860 is pending before the Court of the Learned Sub-Judge at Barrackpore. In the said case, the petitioner no. 1 enlarged on bail by the Hon'ble High Court. After enlarging on bail, petitioner no. 1 and petitioner no. 2 both were moving around the house of de-facto complainant at village Mamudpur in suspicious manner. She suspected that they were carrying fire arms with a view to attack/assault her or her family members and had also threatened the de-facto complainant with dire consequences to kill. Hence, the present case i.e. Hariharpara Police Station Case No. 01 of 2019 dated 1st Day of January, 2019 under Ss. 447/506/34 of the Indian Penal Code, 1860 was registered and started against the Petitioners. Subsequently, upon conclusion of investigation, a charge sheet No. 66/2019 dated 6th Day of February, 2019 under Ss. 448/506/34 of the Indian Penal Code, 1860 has been submitted and the learned Magistrate was, inter alia, pleased to take cognizance on 25th Day of February, 2019 though the contention of the petitioners is that the allegation is totally false, fabricated, frivolous and malicious one. No such incident ever took place as alleged by the de-facto complainant/Opposite Party No. 2 herein.

(3.) It is submitted on behalf of the petitioners that they have waited for a considerable period of time to get back their money given to the de-facto complainant on her request subject to condition that she would return the same within specified time but no result. Having no alternative, the petitioner no. 1 was constrained to file an application under Sec. 156 (3) of the Code of Criminal Procedure, 1973 on 2nd Day of July, 2018 after issuing a legal notice dtd. 12/6/2018 upon the Opposite Party No. 2. Complaint has been accepted by the learned Court and on the basis of order passed by the learned Court, a criminal case was registered and started against the opposite party no. 2 under Ss. 420/506/34 of the Indian Penal Code being Belgharia Police Station Case No. 517/2018 dated 23rd Day of July, 2018.