FAZLE GAFFAR KHAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS application under Section 482 of the Code of Criminal Procedure on behalf of four petitioners (1) Fazle Gaffar Khan @ Kallu (2) Rahima Khatoon, (3) Fazle Raza Khan @ Hara @ Fazlu and (4) Kamnuddin Sahaluddin, is directed for quashing of the proceeding being G.R. Case No. 2441/97 pending before the Ld. Additional Chief Judicial Magistrate, Sealdah, District South 24 Parganas, corresponding to Section "R" (Beniapukar Police Station) case No. 310 dated 7.8.97 under Section. 366/120B, IPC and the order dated 27.8.98 passed therein accepting the Naraji petition filed on behalf of one Syed Nawal Shah Alquadri, the defacto -complainant and opposite party No. 2 in this application.

(2.) PETITIONERS Nos. 2 and 3 are the brother and mother respectively of the petitioner No. 1 and the petitioner No. 4 is a family friend of the petitioner No. 1.

(3.) BRIEFLY stated, Ban iapukar P. S. case No. 310 dated 7.8.97 under Sections 366/120B, IPC was recorded on a written complaint of the opposite party No. 2 herein alleging inter alia that the petitioner No. 1 Fazle Gaffar Khan @ Kaloo, had kidnapped his own niece Mabashshera Murshed Alquadri, in conspiracy with the petitioners Nos. 2 and 3, from in front of Lady Brabourne College on 7.8.97 when Mabashshera had gone to her College to attend her computer class. It was further alleged that around 1 P.M. on that day, petitioner No. 1 informed over telephone at the residence of the informant opposite party No. 2 that the petitioner No. 1 was taking Mabashshura and he also threatened not to inform the Police.