PUNEET Vs. STATE OF WEST BENGAL AND ORS.

JUDGEMENT

(1.) This Revisional application has been preferred by the accused No. 2 in Complaint Case No. 7082 of 2013 pending and in the Court of the Ld. Judicial Magistrate, 2 Court at Alipore under Ss. 323/341/34 of the IPC. He prays for setting aside the order passed by the Ld. Court below on 11.09.2013 by virtue of which cognizance was taken of the aforesaid offences. In addition, the petitioner has drawn attention to various other irregularities allegedly committed by the concerned Magistrate(s) in taking cognizance and passing orders for issuance of summons, including the matter of service of such summons by means not authorised in terms of the Cr. PC, and has therefore also prayed for laying down guidelines with regard to the exercise of the Magisterial power, apart from calling for a report from the Ld. Sessions Judge at Alipore regarding the number of Summons issued by adopting the "unauthorised" procedure of sending the same by Post/Registered Post upon individual accused persons, which is not prescribed under the Code of Criminal Procedure.

(2.) It may be mentioned that the complaint, in which cognizance was originally taken by the Ld. Chief Judicial nd Magistrate, was subsequently transferred to the 2 Court of the Ld. Judicial Magistrate at Alipore. The Ld. Transferee Magistrate, after examining the complainant under Sec. 200 of the Cr. PC however directed issuance of process only against the first two persons including the present petitioner, out of the four accused persons arraigned in the complaint.

(3.) The petitioner is specially aggrieved that cognizance was taken by the Ld. Chief Judicial Magistrate after the complaint was filed on 11.09.2013, even though it was mentioned in Para 4 of the complaint, "that the matters was informed to the legal P.S vide Bhowanipur P.S. GDE No. 733 dated 7.9.2013 but to no effect such this complaint" (sic). His submission in this regard is that the Complainant out of grudge and a vicious disposition towards the petitioner and his family members has been regularly filing frivolous FIRs and complaints against them. In all those FIRs, the Police ultimately submitted Final Reports to the effect that no such offences as alleged by the complainant were actually established. Even in relation to a previous complaint filed by the said complainant, a coordinate Bench of this Court in CRR No. 3784 of 2013 had taken note of the previous FIRs lodged by him, in which each time the Police had finally reported that no offences as alleged were made out, and as a consequence His Lordship Hon'ble Justice Joymalya Bagchi was pleased to quash the summoning order in the earlier complaint Case No. 7451 of 2013, and directed that the Ld. Magistrate should first obtain an independent inquiry report from the Police to ascertain whether there was any factual substance to the allegations.