AKSHOY KUMAR DUTTA Vs. JOGESH CHANDRA NANDY

JUDGEMENT

(1.) This is a Rule on behalf of certain accused persons, calling upon the State and the complainant to show cause why certain orders made in the course of the proceedings should not be set aside and why the proceedings themselves should not be quashed.

(2.) It appears that on 18-1-1955, the complainant, Jogesh Chandra Nandy, filed a petition of complaint before the Police Magistrate at Seaidah, charging the petitioners with offences under Ss. 147, 354, 323 & 380, Penal Code. The case made in the petition of complaint was that, on the previous day, an Assistant Sub-Inspector of Police had been making an inventory of certain articles in a room of a house which was the common dwelling house of both parties in connection with a previous case under Section 403, Penal Code instituted by the complainant. While the" inventory was proceeding, the complainant heard a shout and on hearing the same, he went into the room and found two of the petitioners assaulting his wife with fists and blows and pulling her by the hair, while two of the other petitioners were trying to denude her of her clothing. The petition proceeded to state that the complainant's wife had been rescued by his relations, the Police Officer and himself. It was also alleged that certain articles had been removed, of which a list would be furnished afterwards.

(3.) Both parties are refugees from East Bengal and have taken shelter In a house situated at 16 Munshipara Lane in the Maniktala area of the city. There has been much litigation and there seems to be considerable unpleasantness between them. The present petition to this Court refers to certain dealings of the complainant in respect of the house which are alleged to Save been fraudulent and it also refers to a series of proceedings started by him against the petitioners, all of which are said to have ended in failure. These matters, however, are not relevant to the decision of the present case.