RAJESH KUMAR GUPTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application praying for quashing of a proceeding in Rishra Police Station Case No.55 dated 28.04.2018 under Sections 186, 212, 332, 333, 353 and 335A read with Section 34 of the Penal Code. A charge sheet was filed in the case and cognizance was taken on 27.07.2018.

(2.) Learned counsel appearing on behalf of the petitioner submits as follows. The allegations made against the petitioners are absolutely improbable. If a police raid takes place in the middle of a night no sensible occupant of the apartment which is raided would indulge in such criminal activities. The family members including the female member who was a minor at the date of occurrence were all implicated in this case. As would be evident from a plain reading of the First Information Report, the accused had asked for identity of the purported police personnel raiding the house. It is obvious that the raiding party members were not in official uniform, otherwise no one would ask them about their identity. The raid was conducted in the dead of night. It was within the rights of the petitioners to try and protect their lives and property in the event the alleged raiding party members actually turned out to be miscreants. The acts committed, if any, under such apprehension cannot amount to an offence.

(3.) The learned counsel appearing on behalf of the State submits as follows. The police personnel from Coochbehar Police Station approached Rishra Police Station for help in raiding the premises in question. A G.D entry was duly recorded. They were investigating a case pertaining to theft of huge quantity of tea bags. The raid was conducted by bringing even an independent witness. The accused first refused to cooperate. One of them threw a broken lock, which injured a police constable. Obscene gestures were made and abuses were hurled at a lady constable. A copy of the injury report present in the case diary indicated the assault on the police constable. In fact, the concerned accused were identified in a T.I parade by the lady constable as well as by the independent witness. Reliance was placed on the statements of other witnesses as well. Ultimately the stolen tea bags were recovered from the premises. This gives the reason why the petitioner so desperately tried to prevent the police personnel from getting in. A prima facie case is clearly made out against the accused.