MEHERUNNESHA Vs. NARUL MEAN ALIAS NURUL MIAN

JUDGEMENT

(1.) IN the present revisional application the petitioner who. is the defacto complainant impugns an order dated 23rd December, 1986 passed by the learned Chief Judicial Magistrate, malda whereby her Naraji application filed on 1. 10. 86 was held to be not maintainable and hence dismissed.

(2.) PURSUANT to a FIR lodged by the petitioner implicating the present opposite parties nos. 1 to 7 as also other accused persons, police registered harischandrapur P. S. Case no. 1 dated 4. 1. 85 under sections 147/148/149/ 448/427/323/304 I. P. C. against the present opposite parties nos. 1 to 7 and nine. others persons including Jullu (9 Juhu, Mashed @ Alimuddin and ada Mian @ Alo Mian. Inasmuch as prima facie case under sections 147/148/ 149/337/448/323/427/304 I. P. C. was found to have been established against the last nine, police submitted a prayer to the effect that the opposite parties nos. 1 to 7 might be discharged since no sufficient evidence could be collected against them during investigation. The accused Fulia was shown as an absconder in the said charge sheet.

(3.) THE prosecution story in a but shell is that on 4. 11. 85 at about 9. 0. 0 hrs. the accused Jullu @ Juhu and several others of the same locality being armed with deadly weapons like hasua etc. assaulted one Badiruddin due to previous enmity over a disputed plot of land as a result whereof the said Badiruddin received injury on his person and he ultimately succumbed to his,injury. The learned Subdivisional Judicial Magistrate, Malda by hi6 order dated 17,6,86 took cognizance of the aforesaid offence against eight accused persons on the basis of the charge sheet and issued process against them But the' opposite parties nos. 1 to 7 were discharged by the learned -Sub-divisional Judicial Magistrate since they were not sent up in the charge sheet.