LAWS(CAL)-2015-2-26

UMAPRASANNA CHOWDHURY Vs. THE STATE OF WEST BENGAL

Decided On February 16, 2015
Umaprasanna Chowdhury Appellant
V/S
The State Of West Bengal Respondents

JUDGEMENT

(1.) The petitioner, by means of the present petition under Section 482 of the Criminal Procedure Code, 1973, seeks to quash the entire proceedings of the G.R. Case No.416 of 2011 under Section 407 of the Indian Penal Code pending before the Court of the Learned Chief Judicial Magistrate, Suri, Birbhum.

(2.) An FIR was lodged by the informant Akash Kumar Banerjee, Inspector (Food & Supplies), Suri-I against one named accused (petitioner herein) on 30.06.2011 for the offence punishable under Section 407 IPC. After investigation, a charge sheet was submitted against the petitioner for the offence punishable under Section 407 IPC. Feeling aggrieved against the same, the present petition under Section 482 of Cr.P.C. was filed by the petitioner.

(3.) As per the F.I.R., on 29.06.2011 at about 6 P.M. it was learnt that one 407-Mini Truck bearing No.WB-53-3006 loaded with foodgrains for Public Distribution System (PDS) was going towards Ajaypur village via Seharapara. It was also learnt that on the way to Ajaypur some bags of wheat were unloaded near Nitya cabin from the said truck which had been caught by some local persons and they informed the matter to the local administration.