RAJIV MISHRA I P S Vs. BIVASH HAZRA

JUDGEMENT

(1.) The Judgment of the Court was as follows : Petitioner, Rajiv Mishra, filed this application under Section 482 of the Criminal Procedure Code praying for quashing of the proceeding in connection with the Complaint Case No.697C/02 under Sections 323/326/506/34/120B of the Indian Penal Code now pending before the Learned 3rd Court of Judicial Magistrate, Howrah.

(2.) Grievances of the petitioner, as ventilated in the application, may briefly be stated as follows : - On 10th June, 2002, Opposite Party No. 1, Bivash Hazra, filed a petition of complaint against the present petitioner and four others being officials of the Calcutta Electric Supply Corporation Limited. He alleged that on.23 05.2002, Howrah District Youth Congress organised a deputation under the leadership of the complainant, who was its Presedent, in front of Howrah Regional Office, C.E.S.C. Limited, G.T. Road (North), demanding sufficient power supply. It was a peaceful demonstration with members of the public joining the organisers. Complainant was addressing the gathering when some members of the organisation want to submit a written charter of demands, C.E.S.C. authority informed Golabari Police Station. Accused No.5, being the petitioner herein, along with other Police personnel arrived at the spot and started brutal lathi- charge. The said accused No. 5 in conspiracy with four other persons made the complainant the target. Complainant suffered serious injuries and became unconscious on the spot. He was shifted to Howrah General Hospital where he had to be admitted for treatment. He was released from the Hospital after four days but continued to be under periodic medical checkup. In order to cover up Police started a false case with the allegation that the complainant and others ransacked C.E.S.C. properties. Complainant was let out on bail in connection with the said false case. He lodged complaint before the Human Rights Commission and also intimated District Magistrate, Howrah and Superintendent of Police, Howrah. A complaint was lodged in the local Police Station by the associates of the complainant. Delay in filing of the complaint was due to physical injuries and mental shock suffered by the complainant.

(3.) Learned Court of Magistrate after considering the complaint and the statements made by the complainant and another witness on solemn affirmation did not find any sufficient ground for proceeding and dismissed the petition of complaint by order dated 10.06.2002.