BISWAJIT MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner by means of the present petition under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C. for brevity) seeks to quash/set aside the impugned order dated 21st November, 2012 passed by the Learned Additional Sessions Judge, Kalna in connection with Criminal Revision No. 27 of 2012 whereby and whereunder he set aside the impugned order No. 6 dated 3rd February, 2012 passed by the Learned Additional Chief Judicial Magistrate, Kalna, Burdwan in C.R. Case No. 129 of 2011 and recalled all orders in furtherance of such impugned order.

(2.) The factual matrix leading to the filing of the instant Revisional Application in brief is that on 04.10.2011 at about 4:30 p.m. while the petitioner was going to attend call of his patient he found the accused person Nos. 1, 2, 3, 4, 5, 6, 7 & 8 named in the petition of complaint (Annexure P-1 at page 15) were passing foul comments towards the ladies with the intention to spoil the 'Sit and Draw' competition among the children organized by 'Mahila Samity'. He intervened and protested. The aforesaid accused Nos. 1 to 8 abused him and assaulted him with fists, blows, slaps and kicks and they also snatched away Rs. 1650/-, his wrist watch and some important papers. They also broke his motor cycle. The petitioner then informed Kalna P.S. about the incident over phone. Immediately thereafter the accused No. 10 arrived at the spot with some staff. The petitioner approached the said officer when he abused the petitioner and dragged him catching hold of his collar. In the meantime accused No. 9 came there and he also assaulted the petitioner and also they took him to Kalna P.S. where he was humiliated and kept confined without any reason. After being released the petitioner was treated in Kalna Sub-Divisional Hospital. He was also treated in Bangur Hospital, Kolkata. He wrote letters to the District Magistrate, Superintendent of Police, Chairman of Human Rights Commission, Chief Secretary, etc on 10th October, 2011. Thereafter, he filed the petition of complaint before the Court of the Learned Additional Chief Judicial Magistrate, Kalna who on receipt of the complaint took cognizance and thereafter he examined the petitioner under Section 200 Cr.P.C. No other witness was present. Considering the gravity of the offence alleged, the Learned Magistrate called for a report from the Sub-Divisional Police Officer, Kalna. On receipt of the report and its consideration, the Learned Magistrate was of the opinion that the report of the SDPO, Kalna did not have any reflection about the entirety of the incident and as also it did not ventilate the role of the others, he passed order for further enquiry and directed the complainant to produce his witnesses on 22.12.2011. On 03.02.2012 the Learned Magistrate examined two other witnesses on SA produced by the complainant and took cognizance and then issued process against all the accused persons namely accused No. 1 to 10 named in the petition of complaint, the accused No. 9 and 10 being the present O.P. Nos. 2 & 3. Being aggrieved with such order the O.P. Nos. 2 & 3 preferred a revision which was registered as C.R. Case No. 27 of 2016 and the Learned Additional Sessions Judge, Kalna after hearing the parties passed the impugned order. Challenging such order the instant Revisional Application has been filed by the petitioner.

(3.) I have heard Mr. Probal Mukherjee, the Ld. Advocate appearing on behalf of the petitioner. I have also heard Mr. Milon Mukherjee, Ld. Advocate appearing on behalf of the O.P. Nos. 2 & 3. I have perused the entire materials available on record including the impugned orders. Further I have carefully gone through the written arguments filed by both the parties and also through the photo copy of Ruling : 1981 Cr.L.J. 1002 submitted by Mr. Milon Mukherjee. However, inspite of taking time, no case law was filed by the Learned Advocate for the petitioner although reference of some Rulings has been made in the written argument.