RAJAT KUMAR BANDYOPADHYAY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS is an application for quashing of B. G. R. Case No. 1099/07 now pending before the learned Additional Chief Judicial Magistrate at Alipore, 24-Parganas (South), arising out of Jadavpur Police Station Case No. 165 (4)/07 relating to offences punishable under Section 3 (1) (viii) (x) of the Scheduled castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and under section 120b of the Indian Penal Code.

(2.) ON the basis of a written complaint made to the Chief Judicial magistrate, Alipore, 24-Parganas (South) by the opposite party No. 2 herein alleging commission of offences punishable under Section 3 (1) (viii) (x) and section 6 of the Scheduled Castes and Scheduled Tribes (Prevention of atrocities) Act, 1989 read with Section 120b of the Indian Penal Code against the petitioner and others, the learned Magistrate in exercise of power conferred under Section 156 (3) of the Code of Criminal Procedure referred the same to the Officer-in-Charge, Jadavpur Police Station directing to treat the said complaint as FIR and to cause investigation. Whereupon Jadavpur Police station Case No. 165 of 07 under Section 3 (1) (viii) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 120b of the Indian Penal Code was registered. However, the police after completion of investigation submitted final report and prayed for discharge of the accused person from the said case. Upon receipt of the final report the learned Court below issued notice to the de facto-complainant, i. e. the opposite party No. 2 herein and in response thereof the opposite party No. 2 appeared in Court and filed Naraji petition. When after hearing the parties and considering the Naraji petition, the learned Chief Judicial Magistrate, Alipore disagreeing with the conclusion arrived at by the Investigating Agency took cognizance under Section 190 (1) (b) of the Code of Criminal Procedure, on the said police report i. e. the final report. The learned Magistrate took cognizance of offences punishable under Section 3 (1) (viii) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and under Section 120b of the Indian Penal code. Hence, this criminal revision.

(3.) MR. Debobrata Roy, the learned Counsel appearing on behalf of the petitioner vehemently urged that on the face of the allegations made in the first Information Report as well as those appearing from the statement of the witnesses recorded under Section 161 of the Code of Criminal Procedure no case as regards to the commission of the alleged offence has been made out against the present petitioner and as such the Investigating Agency had very rightly submitted final report praying for his discharge from the case. According to him there is no scope of taking cognizance of the alleged offences on such final report and the impugned proceeding is liable to be quashed. In support of his contention Mr. Roy relied on the following decisions;