ARATI HAZRA Vs. PANCHKARI SAMANTA

JUDGEMENT

(1.) The present revisional application under Section 401 read with Section 482 Cr. P.C. is directed against order dated 02.06.2004 passed by the learned Chief Judicial Magistrate, Howrah in Case No.1110C/99.

(2.) The circumstances leading to the above application are that taking advantage of the temporary absence of the petitioner and her son Naru Gopal Hazra, landlord O. P. No.1 along with his son O. P. No. 2 with the help of local hooligans illegally trespassed into the rented room of the petitioner in the ground floor at Bargachia Super Mini Market, Village Bankul, Dist. Howrah on 27.08.99, ransacked the articles and stole away cash, ornaments and valuable articles, worth of about Rs.80,000/- therefrom. The petitioner and her son informed the matter to the local P. S., but it only recorded a G. D. vide No.1228 dated 27.08.99. The petitioner handed over a copy of the complaint to SDO who sent the same to local P. S. and the P. S. submitted a report on 29.11.99 after investigation. As no case was started by the P. S., the petitioner filed a complaint under Sections 448/379/34 I.P.C. for treating it as F.I.R. under Section 153(3) Cr. P. C. After examining the complainant, the learned Chief Judicial Magistrate, Howrah issued persons under Section 379, I. P. C. the 0. Ps.

(3.) On the date of consideration of charge on 02.06.04 learned Advocate for the petitioner could not take steps for his personal difficulty, for which all the accused persons were discharged under Section 245(1) Cr. P. C.