MD ALI Vs. STATE OF WEST WENGAL

JUDGEMENT

(1.) The hearing stems from an application filed by the petitioners praying for quashing the proceeding being B.G.R. No. 1102 of 2002 arising out of Metiabruz P.S. Case No. 37(2)02 under sections 147/148/447/448/323/324/307/506/34 IPC pending in the Court of learned S.D.J.M., Alipore, South 24 Parganas, as also all orders including order dated 07.05.2002 passed therein.

(2.) The circumstances leading to the above application are that one Mumtaz Bibi lodged a complaint on 11.07.2000 in the Court of learned S.D.J.M., Alipore against the present petitioner No. 1 and others viz. Ahmed Ali, Sk. Zinna. Sk. Jasimuddin and Marjina, daughter of petitioner No. 1, inter alia alleging that on 26.05.2000 at about 4.40 p.m. when she was busy with her household works, the accused persons abused her as also other members of the family and while her son Sk. Moinuddin protested, Sk. Ahmed Ali, and Sk. Zinna being armed with bamboo and wooden sticks trespassed into the 'and and assaulted Moinuddin causing bleeding injuries. When the complainant came out of her room she too was assaulted by petitioner No. 1 Sk. Md. Ali. Sk. Jasimuddin and Marjina with bhojali, thereby causing injury on her cheek and permanent disfiguration of her face. They also damaged her household articles. On her cry when local people came, the accused persons fled away. She and her son were treated by a local doctor. A G.D.E. being No. 1555 dated 26.06.2000 was lodged with Metiabruz P.S. The fact of threatening by the accused persons to her and other members of the family with dire consequences was also diarised. After taking cognizance of the offence and examining the complainant and her witnesses, the learned Magistrate issued process under sections 325/34 IPC against Sk. Zinna and Sk. Jasimuddin only on 11.07.2000 and dismissed the complaint under section 203 Cr.PC against petitioner No. 1 and others. On account of non-appearance of the complainant, the petition of complaint was dismissed under section 256 Cr.PC on 06.02.2002.

(3.) Suppressing the above fact, the complainant filed another application under section 156(3) Cr. PC on 02.09.2000 over the selfsame incident alleging commission of offences under sections 147/148/447/448/323/324/307/506/34 IPC against the petitioners and others viz. Sk. Jasimuddin, Sk. Zinna, Marjina Bibi, Sk. Ahmed Ali and Yashmin which was forwarded by the learned S.D.J.M. to O.C., Metiabruz P.S. for treating the same as FIR. and on the basis of the same Metiabruz P. S. Case No. 37 (2) 02 under the aforesaid provisions was started. After completion of investigation charge sheet was submitted under the said provisions against the petitioners and other accused persons, and the learned S.D.J.M. after taking cognizance of the offences on 07.05.2000 issued warrant of arrest against them.