BACHCHU GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) INVOKING inherent jurisdiction of this Court, the instant criminal revision has been moved for quashing of the charge-sheet under Sections 420/323/120b of the Indian Penal Code arising out of Bizpur Police Station Case No. 181 dated october 28, 2006.

(2.) MR. Pusphal Satpathi submitted that on the basis of a complaint made to the Officer-in-Charge, Bizpur Police Station by the Colonel, Director recruiting, Army Recruiting Office, Kanchrapara, above noted case was registered. In his said complaint the Colonel, Director Recruiting alleged that they received complaints to the effect that some miscreants collecting money from the unemployed youths on the assurance of arranging jobs for them in indian Army, but there was no allegation against the petitioner, who is a constable working in Central Reserve Police Force. He further submitted although no materials was collected against him during investigation still the police submitted charge-sheet against the petitioner in connection with the said case. On the other hand, Mr. Swapan Kumar Mullick, the learned Counsel appearing on behalf of the State conceded that neither there was any allegation made against the petitioner in the First Information Report nor anything transpired against him during the investigation. According to him although charge-sheet has been submitted against the petitioner but he has not found any materials in the Case Diary in support of the same.

(3.) HEARD Mr. Pushpal Satpathi, Learned Counsel for the petitioner, Mr. Swapan Kumar Mullick, Learned Counsel for the State as well as Mr. Prasun kumar Dutta, Learned Counsel for the Union of India. Perused the Case Diary.