KINGSHUK CHATTERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant application under Sec. 482 read with Sec. 401 of the Criminal Procedure Code, 1973 (herein after referred as Cr.P.C.) had been instituted by the petitioners for quashing of the charge-sheet corresponding to Special Case Number 43 of 2022 filed in connection with AJC Bose B Garden Police station case No.48 of 2022 dtd. 30/3/2022 under Ss. 448/506 of the India Penal Code, 1860 (herein after referred to as IPC) and Sec. 3 of the Schedule Caste and the Schedule Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as SC/ST Act) pending before the Learned Additional District and Sessions Judge, Special Court under the SC/ST Act.

(2.) In a nutshell, the petitioners' case referred to, an incident occurred on 13/11/2020 at 22:30 hrs. It was informed to the AJC Bose B Garden Police Station on 23/11/2020 by Krishna Sardar (mother of the Opposite party no.-2 herein). The said information was registered as a first information report (herein after referred to as "first FIR",) being AJC Bose B Garden Police Station Case No. 195 of 2020 dtd. 23/11/2020 under Ss. 448/506/34 of the IPC, 1860 ("IPC", hereafter) and Sec. 3 of the SC/ST Act. During investigation, the Investigating Officer (hereafter referred to as "I.O.") recorded the statement of Smt. Krishna Sardar, her son Bubai Sardar, her daughter-in-law Piu Sardar (the wife of Bubai Sardar) and one Jhilik Sardar and cited their names as prosecution witnesses.

(3.) Upon completion of investigation, the I.O submitted a charge-sheet being number 208 of 2020 dtd. 31/12/2020 under Sec. 448/506/34 of I.P.C.