HARENATH MUKHERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under section 401, read with section 482 of the Code of Criminal Procedure, for quashing the proceeding in G.R. Case No. 2396/78 pending - before the Judicial Magistrate, 2nd Court, Asansol, under sections 148/149/323/354/380 of the Indian Penal Code and for setting aside the order of the learned Magistrate dated May 25, 1983 rejecting the petitioners prayer for discharge.

(2.) Complainant Shibarani Kabiraj filed a complaint before the learned Sub-Divisional Magistrate at Asansol on 3-12-78 alleging, inter alia, that she was owner and in possession of a portion of premises No. 67 (old 70) Netaji Subhas Road, Asansol, by virtue of a sale deed executed in favour of her husband and registered on August 7, 1971. It was further alleged that the petitioners who had no, manner of right, title, interest and possession in respect of the disputed premises collected a number of roughs and rowdies armed with deadly weapons, trespassed into the disputed premises, assaulted the complainant with lathi, molested her daughter, ransacked the room and took away cash of Rs. 1200/- and ornaments weighing about 10 tolas on 26-11-78 at about 9.00 a.m. It was further alleged that the petitioners also made frantic efforts to oust them under threats and intimidation and the said incident was diarised at the local police station on the date of occurrence.

(3.) On receipt of the petition of complaint, the learned Sub-Divisional Judicial Magistrate, Asansol, referred the same to the Asansol Police Station for starting a case, treating it as the First Information Report and consequently, Asansol Police Station Case No. 15 dated December 8, 1978 was started.