MOUSUMI ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revision has been preferred against an order dtd. 5/4/2019 passed by the Learned Additional Session Judge, Fast Track (3rd Court) at Barrackpore, in connection with Criminal Revision Case No. 214 of 2017, arising out of order dtd. 3/5/17, passed by the Court of Learned Special Executive Magistrate, Barrackpore Police Commissionerate, in connection with N.G.R. Case No. 1554 of 2016 initiated under Sec. 107 of the Code of Criminal Procedure, 1973.

(2.) The petitioner's case is that on 13/1/16, one Bimala Dey i.e. opposite Party no. 2 lodged a General Diary at Dum Dum Police Station, being General Diary Entry No. 1237 dtd. 13/1/2016, stating that the petitioner, her husband namely Ajay Roy along with their daughter namely Madhumita Roy, threatened her and used slang language over the issue of previous grudge. After making entry of the general diary being General Diary Entry No. 1237, on 14/1/16 the A.S.I. namely B. Prasad along with force and lady constable left for enquiry and upon enquiry the police personals were of the conclusion that the petitioner, her husband and her daughter tried to assault the complainant i.e. opposite party no. 2 herein and used filthy language and that there was every chance of serious breach of peace in future over the above noted issue and thus the same was reported before the Special Executive Magistrate, Barrackpore Police Commissionerate, after lodging a suo moto Enquiry General Diary Entry No. 1346 dtd. 14/1/16.

(3.) On the basis of the police report a proceeding being N.G.R. Case no. 1554 of 2016 under Sec. 107 of the Code of Criminal Procedure, 1973 was initiated before the Court of the Learned Special Executive Magistrate, Barrackpore Police Commissionerate and by an order dtd. 4/5/16, the petitioner and two others were directed to show cause as to why they shall not be directed to execute bond of Rs.1000.00 each with one surety of like amount for maintaining peace for a period of six months.