TARAB ALI KHAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this revisional application, the twenty-one petitioners who are on trial before the Learned Sessions Judge, Midnapore on a charge under section 395 of the Indian Penal Code, are praying for an order quashing the said proceedings.

(2.) On June 16, 1970 one Liaquat Ali lodged an information at the Bhagwanpore Police Station to the effect that on that day the present petitioners along with others led a raid in the house of Kader Mallick at about 1 P.M. and looted away cash, ornaments, woodframes, cement, paddy and other articles. At the time of such looting Kader's wife Jayada Bibi was at home and there was no male member of the house present.

(3.) Investigation was taken up by the police. Such an investigation had a chequered career and it changed hands under circumstances reference to which would be wholly unnecessary for our present purposes. It is however not disputed that ultimately investigation was completed by one Sri N. L. Ghosh, a Sub-Inspector, Contai Pool (Crime) who on December 11, 1971 submitted a charge sheet under section 395/397 Indian Penal Code against the petitioners and others.