ANJANA ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Petitioner being the de-facto complainant filed this instant application under Ss. 401 and 482 of the Code of Criminal Procedure, 1973 seeking quashing and/or setting aside the judgment and order dtd. 23/12/2016 passed by the learned Judge, Special Court (EC. Act) -cum- Additional Judge, 2nd Court, Coochbehar in Criminal Revision No. 10/2015 thereby rejected the prayer of the petitioner for reinvestigation against Final Report submitted by Investigating Officer and subsequently accepted by the learned Additional Chief Judicial Magistrate, Mekhliganj vide order dtd. 2/1/2015 in connection with proceeding initiated being FIR No. 178 of 2014 dtd. 26/8/2014 under Ss. 341/323/379/506/34 of the Indian Penal Code.

(2.) The factual matrix of the case is that on 26/8/2014 the petitioner Anjana Roy, daughter of Late Kalish Chandra Roy lodged a written complaint against accused Smt. Bhana Singha Roy alias Bhuna Singha Roy and Dipali Singha Roy to the effect that on 26/8/2014 at about 12 hrs while brother of the complainant/petitioner, Pradip Roy returning home from BDO office, at that point of time, the above noted accused persons attacked and assaulted the brother of the complainant with fist and blows in front of Registry Office, HDB, CoochBehar. Accused persons also took away one gold ring from him amounting to Rs.17,492.00 and further threatened with dire consequences of his life resulted in registration of Haldibari P.S. Case No. 178/2014 dtd. 26/8/2014 under Ss. 341/323/379/506/34 IPC against both the accused persons. At the same time, one counter case was started over the said incident on the basis of written complaint lodged by Bhuna Singha Roy alias Bhana Singha Roy against accused Pradip Roy, brother of Anjana Roy and the same was registered as Haldibari P.S. Case No. 177/2014 dtd. 26/8/2014 under Ss. 341/323/354(B)/506/509 IPC. Subsequently, IO after investigation, submitted a final report being FRT No. 186/2014 dtd. 30/9/2014 under Ss. 341/323/379/506 and 34 of the IPC in Haldibari P.S. Case No. 178/2014 dtd. 26/8/2014 under Ss. 341/323/379/506/34 IPC before the learned Additional Chief Judicial Magistrate, Mekhliganj vide order dtd. 2/1/2015. The said FRT was accepted after affording being heard to the petitioner after filing a protest petition.

(3.) Feeling aggrieved by and dissatisfied with the said impugned order dtd. 2/1/2015 passed by the Learned Additional Chief Judicial Magistrate, Mekhliganj, the petitioner herein filed a revisional application. After hearing, the learned Judge, Special Court (EC. Act) 'cum- Additional Judge, 2nd Court, Coochbehar vide order dtd. 23/12/2016 dismissed the said revisional application and affirmed the order dtd. 2/1/2015 passed by the learned Additional Chief Judicial Magistrate, Mekhliganj. Again, being aggrieved by and dissatisfied with the said order passed by the Ld. Judge, the present application has been filed and the same is pending for consideration for disposal since 2017.