STATE OF WEST BENGAL Vs. SELIM MONDAL

JUDGEMENT

(1.) THE order dated 12 January, 2009 passed in Criminal Motion No. 107 of 2008 by learned Additional Sessions Judge, 5th Court, Burdwan whereby upon setting aside the order of the learned Chief Judicial Magistrate dated. 15 september, 2008, the l/c Burdwan PS has been directed to register a petition, as an FIR under Section 156 (3} of the Cr. P. C is under challenge at. the instance of the State.

(2.) THE facts are these :-One Sujan Mondal of village Bandgacha in the District of Burdwan lodged an FIR with the Burdwan Police Station at 11. 25 hours on 19th September, 2008 alleging the following incident:-

(3.) ON this FIR, the Burdwan PS registered P. S. Case No. 418 of 2008 dated 19th August, 2008 under Section 304 of Indian Penal Code.