SUSANTA GHOSH Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) In this Revisional application the petitioner, who is a charge -sheeted accused person in the Sessions Trial Case No. XIX of January, 2012 arising out of Anandapur Case No. 36 of 2011 dated 6th June, 2011, U/Sections 147/148/149/448/326/307/302/506/201/120B of the IPC read with Ss. 25 and 27 of the Arms Act, has prayed for quashing those proceedings.

(2.) The background of the matter is that previously three cases of the Keshpur Police Station being Case Nos. 59 dated 22.09.2002, 60 dated 22.09.2002, and 61 dated 26.09.2002 were drawn up in that P.S. on the basis of the complaints lodged by three complainants namely Nemai Ch. Sarkar, Debasish Roy (Officer -in -Charge) and Smt. Chandana Acharya respectively.

(3.) Charge -sheets in the aforesaid three cases were submitted by Police on 30th October 2004, 11th November 2004, and 9th February 2005 respectively. The accused persons tried in S.T No. 25/1 -06 arising out of Keshpur P.S Case No. 59 of 2002 were acquitted by the Judgment of the concerned Trial Court on 29th May 2008. Similarly the accused facing trial in the relevant Sessions case arising out of Keshpur PS Case No. 61 of 2002 were acquitted from the various charges involved in the same by a judgment passed on 21st May, 2010. The final fate of Keshpur P.S Case No. 60 of 2002 has not been mentioned in the revisional application. Nevertheless the contention of the petitioner is that he was neither named in either of the aforesaid FIRs, nor was he shown as an accused in any of the charge sheets. Smt. Chandana Acharya, the de -facto complainant in Keshpur P.S. Case No. 61 of 2002 who was the daughter of the victim Ajoy Acharya, had not made any allegation against the petitioner either in the complaint, or even in her deposition before the Trial Court.