THOMAS AUGUSTINE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) ALTHOUGH the matter is listed under the heading 'To be Mentioned', as the learned Counsel for the parties have argued the case on merits, the matter is being treated on day's list and is being disposed of.

(2.) A First Information Report was lodged as against the petitioner, inter alia on the, allegation that some girls have been kept confined in their house and would be sent to Kerala. The said First Information Report was lodged as far back as on 25.8.96. The police authorities in discharge of the statutory duties instituted a case under sections 363 and 366 of the Indian Penal Code as against the petitioner. Investigation is now complete and admittedly, charge -sheets have been filed in the Court of the Sub -Divisional Judicial Magistrate, Barrackpore, being Nos. 54 dated 25.9.96 and 62 dated 1.10.96. Despite the fact that the said chargesheets have been filed long back, it is asserted by the learned Counsel for the petitioners that no cognizance has yet been taken.

(3.) LEARNED Counsel for the petitioners submits that the very basis of the allegations against the petitioners are false, inasmuch as, the girls in question have made statements before the police as also have filed applications before the Sub -Divisional Judicial Magistrate, Barrackpore, inter alia stating that the petitioners are not guilty of the offences alleged against them. The said purported applications are contained at pages 51 and 53 of the brief.