LAWS(CAL)-2024-3-7

TATHAGATA ROY Vs. STATE OF WEST BENGAL

Decided On March 11, 2024
Tathagata Roy Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) The present revisional application has been preferred praying for quashing of the proceedings being A.C.G.R. Case No. 2608 of 2020 arising out of Nadial P.S. Case No. 81/2020 dtd. 30/5/2020 under Ss. 325/326/307/34 of the Indian Penal Code now pending before the Learned Additional Chief Judicial Magistrate, Alipore.

(2.) The petitioner states that the allegations in the said FIR started on the basis of a written complaint by the opposite no. 2 is to the effect that:-

(3.) The petitioner states that he is totally innocent and has nothing to do with the incident. In fact the petitioner is completely in dark as to why the petitioner has been falsely implicated in connection with this case. In fact the petitioner is only aware that there was some commotion and the local residents had blocked the roads on 26/5/2020 due to nonrestoration of electric supply even after 5 days after the cyclone and in that blockade there was some scuffles and taking advantage of that situation, the petitioner has been entangled in this criminal case. In fact on 30/5/2020 the same police station had registered a FIR being Nadial P.S. Case no. 78 of 2020 dtd. 26/5/2020 under Ss. 143/147/148/149/353/188/427/307 of the Indian Penal Code started against accused persons including the petitioner. In the instant FIR started suo-moto by the police, the incident of MLA Mr. Abdul Khaliq Molla was also noted that he was attacked by a mob of agitated residents.