LATIFUR RAHAMAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application u/s 482 of the Code of Criminal Procedure 1973 against the impugned order of cognizance taken on 28/12/2017 in connection with charge sheet being Nalhati Police Station charge sheet no. 204 of 2017 dtd. 30/9/2017 u/s 143/341/323/325/326/506 of IPC on the basis of an order dtd. 23/2/2016 directing for reinvestigation of the criminal case being Nalhati PS case No. 250 of 2012 dtd. 31/10/2012 u/s 147/148/149/341//325/326/307 of IPC and against the entire criminal proceedings being Nalhati Police Station PS case No. 250 of 2012 dtd. 31/10/2012 pending before the Learned Additional Chief Judicial Magistrate Rampurhat, Birbhum.

(2.) The brief fact of the case is that the present opposite party has filed a written complaint through the ACJM Rampurhat u/s 156 Sub-clause 3 Cr.P.C. against the petitioners and 07 others alleging thereby an offence punishable u/s 147/148/149/341/325/326/307 IPC. The said application was forwarded to the OC Nalhati PS for conducting investigation treating the same as FIR. On receiving such application the Nalhati PS case No. 250/12 dtd. 31/10/2012 was started.

(3.) After investigation police has submitted a charge sheet bearing CS No. 286/2012 dtd. 29/12/2012 against 04 accused persons and the Investigating Officer as short (IO) submitted a prayer for discharge of rest 04 accused persons including the present petitioner. The notice upon the de-facto complainant was served. The de-facto complainant has submitted an objection before the Learned ACJM. The Learned ACJM has heard the objection and vide order dtd. 23/2/2016. he passed the order for not accepting CS/FRT of the police earlier and directed the police to further investigate the case by another IO.