ABDUL ALIM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revision has been preferred praying for quashing of the proceeding and all orders in G.R. Case no. 1372/2016 arising out of Uluberia Police Station Case no. 394 of 2016 dtd. 23/6/2016 under Ss. 147/148/149/379/427/506 of IPC and 3/4 E.S. Act, pending before the Learned Additional Chief Judicial Magistrate, Uluberia, Howrah.

(2.) The case in short is that, one Nikhil Chandra Majhi, ASI of Uluberia Police Station lodged a Suo Moto complaint on 23/6/2016 to the effect that on 22/6/2016 at around 23.05 hrs., two group of people clashed near a sporting club on Natibpur Road under Uluberia Police Station by throwing brick bats and hurling bombs. The complainant and other superior officers came to the said spot with force and controlled the situation and dispersed the unlawful mob. During enquiry some shops and houses were found to be damaged and huge quantity of broken bricks and remnants of bomb could be found at the place of occurrence.

(3.) This gave rise to the present case which ended in Charge Sheet. The petitioner states that he is a serving solider in army medical corps and on the said date and time of incident i.e. 23/06/2016, he was present at his place of duty at Jammu and Kashmir. The petitioner after knowing of the said incident duly approached the Commanding Officer, 439 Field Hospital on 11/5/2017 stating about the said incident and praying for taking steps in respect of the said incident. On 13/5/2017 the second in command officer of 439, Field Hospital issued a Memo vide no. 4156/Copy/2017 addressed to the Superintendent of Police, Howrah Rural Area as well as District Magistrate Howrah and also Solider Board Howrah and Sub Divisional Officer, Uluberia, Howrah, and also the Officer in Charge Uluberia Police Station and requested the said authorities to take necessary steps to discharge the petitioner in the said case.