LAWS(CAL)-2006-1-31

ABDUL HAI MANDAL Vs. STATE OF WEST BENGAL

Decided On January 06, 2006
ABDUL HAI MONDAL Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) The hearing stems from an application under section 482 Cr. PC filed by the petitioner praying for quashing the FIR being No. 54 dated 01.07.98 of P.S. Haroa, North 24-Parganas, pending in the Court of Id. SDJM, Basirhat, North 24-Parganas.

(2.) The petitioners' contention as per above application is that on 30.06.98 at about 10.00 a.m. accused Sahid Munshi, Sibobrata Das etc. accompanied by a few henchmen being armed with deadly weapons assembled at Gazitola fishery. Out of them one anti-social element viz Sirajul Biswas threatened the petitioners to dispossess them declaring that even if police personnel come, they would not be spared if the petitioners tried to intimidate them, for which an FIR was lodged on behalf of the petitioners, and Haroa P.S. Case No. 52 dated 30.06.98 under sections 148/149/447/435/379 IPC/25/27 Arms Act was started, and the investigation is still pending. Due to flow of accused persons, as the petitioners were scared about loss of their lives and properties, an information was lodged on behalf of the petitioners on 01.07.98 with S. P., North 24-Parganas regarding unlawful assembly of the accused persons along with their hired henchmen at about 10.00 a.m. with an intention to trespass into the fishery of the petitioners.

(3.) At the instance of A.S.I. Dilip Chandra Das, Haroa P. S. Case No. 53 dated 30.06.98 under sections 148/14 9/325/326/307/353/332/379 IPC/25/26 of Arms Act/9(b) of the Indian Explosive Act was started for trespassing into the fishery, unlawful assembly armed with deadly weapons and firing at the possessors of the fishery and police personnel, and severely assaulting a few police constables, one of whom lost eyesight completely, and the investigation is still pending. As the accused persons are basically criminal in nature, they dared to interfere with the possession of the petitioners which was protected by deployment of police personnel by order of High Court dated 23.03.90 passed in C.R. No. 3095(W)/90.