SUMAN RAY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This revisional application, filed under Sec. 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.'), seeks to quash the criminal proceedings in G.R. Case No. 4333 of 2022 under Sec. 289/34 of the Indian Penal Code, 1860 ('IPC'), are currently pending before the Court of learned Additional Chief Judicial Magistrate, 2nd Court, at Baruipur. This case originated from Sonarpur P.S. Case No. 719 of 2022, dated June 26, 2022, and the subsequent charge-sheet no. 892 of 2022, dated August 31, 2022.

(2.) The heart of this dispute lies in a written complaint, dated June 26, 2022, submitted by opposite party no. 2, Sri Dipan Banerjee, to the Inspector-inCharge of Sonarpur Police Station. This complaint subsequently became a formal First Information Report (FIR).

(3.) The complainant alleged that on June 26, 2022, around 5:00 p.m., while he was on the roof of his residential building, Deeshari Megacity, Block 14, he was suddenly attacked by 10 to 12 pet dogs. This alleged attack caused him to lose balance, fall, and sustain injuries. He specifically averred that these pet dogs were not properly chained and roamed freely, thereby creating a perilous environment and posing a significant threat to human life. Consequently, he lodged the FIR against the dogs' named owners: the petitioner, Suman Roy, and his sister, Sramana Ray, both residents of Flat No. 14/7C within the same housing complex.