LAWS(CAL)-2024-1-81

SUMITRA ADHIKARY Vs. STATE OF WEST BENGAL

Decided On January 30, 2024
Sumitra Adhikary Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) The present revision has been preferred praying for quashing of proceedings arising out of Nakashipara Police Station Case No. 357 of 2015 dtd. 27/6/2015 under Ss. 448/323/506 and 34 of the Indian Penal Code, 1860, pending before the Court of the Learned Additional Chief Judicial Magistrate at Nadia.

(2.) The petitioner's case is that sometime in the year 2015 the opposite party no. 2 herein filed a petition of complaint before the Court of the Learned Chief Judicial Magistrate at Nadia against two accused persons including the petitioner herein on the allegations as canvassed therein with a prayer under Sec. 156(3) of the Code of the Criminal Procedure, 1973 for a direction upon the Officer-in-Charge of the Nakashipara Police Station to treat the same as a First Information Report and investigate into the same. The Learned Chief Judicial Magistrate at Nadia acceded to such prayer of the opposite party no.2 herein and consequently the instant case being Nakashipara Police Station Case No. 357 of 2015 dtd. 27/6/2015 under Ss. 448/323/506 and 34 of the Indian Penal Code, 1860 was registered for investigation.

(3.) The investigating agency submitted the charge sheet being Charge Sheet No. 726 of 2015 dtd. 20/9/2015 under Ss. 448/323/506 of the Indian Penal Code, 1860.