HARISH KUMAR HIMATSINGKA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner has preferred the instant revisional application with a prayer for quashing of the proceedings in connection with G.R. Case no. 4447 of 2011 arising out of Berhampore Police Station case no. 991 of 2011 dtd. 4/9/2011 under Ss. 341/506/427/354/45 of the Indian Penal Code (for short IPC) pending before the Court of Learned Judicial Magistrate (for short J.M.), 3rd Court, Berhampore, Murshidabad.

(2.) Complainant / opposite party no. 2 herein submitted one application under Sec. 156(3) of the Code of Criminal Procedure (for short CrPC) alleging, inter alia, that accused/petitioner herein is a tenant under the complainant/opposite party no. 2 and the complainant was to receive a due amount of Rs.21,31,200.00 as arrear rent for 37 months. Hereinafter the complainant/opposite party no. 2 received the information that the petitioner forcefully broke the boundary wall on the western side of the said plot and constructed a shutter in order to make obstruction. When the petitioner along with some associates confronted the opposite party no. 2, he was subjected to abusive language and physical harassment. The accused even assaulted the wife of the complainant with the intent to outrage her modesty and threatened the complainant and his associates with dire consequence of death. It has been further alleged that in the mean time, one of the associates of the petitioner snatched Rs.5000.00 out of the pocket of the opposite party no. 2 and fled. On 10/6/2011 the complainant informed the local Police Station about the whole incident but did not get any fruitful feedback. Afterwards on 13/6/2011 he informed the Superintendent of Police of Murshidabad about the same but still got not remedy. Being aggrieved, the complainant filed the instant application and the Ld. Magistrate was pleased to accept the same and referred it to the Jurisdictional police Station to investigate the case.

(3.) After investigation charge sheet was submitted against five accused including the petitioner to face trial under Sec. 341/506/427/354/34 of IPC.