LALTU PAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The hearing arises from an application under sections 397/401 read with section 482 Cr. PC filed by the petitioners praying for quashing the FIR being No. 86 dated 03.06.2004 arising out of Airport P. S. Case No. 86 dated 03.06.2004 under section 147/148/149/436/427/ 379 IPC and section 9B(ii) Indian Electricity Act pending in the Court of ld. S.D.J.M., Barrackpore.-

(2.) The circumstances leading to the above application are that one Jayanta Ghosh lodged a complaint on 03.06.2004 inter alia alleging that on 30.05.2004 over the issue of writing on wall, there was a scuffle resulting in head injury of a person who subsequently died on 02.06.2004. On receipt of the said information of death, on 03.06.2004 at about 5.15 a.m. the boys residing at Promodnagar and nearby the playground of Milan Sangha Club damaged ten houses, shops of the locality as also a motorbike, looted away articles including TV set, carom board, drum etc. of the said club and set fire to the above houses. On the basis of the said FIR, Airport P.S. Case No. 86 dated 03.06.2004 under section 147/ 148/149/436/427/379 IPC was started against twelve accused persons as named therein.

(3.) Being aggrieved by lodging of the said FIR, three petitioners viz. Laltu Pal, Namita Ghosh and Susmita Sanyal have come up before this Court for quashing the FIR.