ANOWARA BIBI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revisional application has been preferred against order dated 09-04-2019 passed by Learned Additional Chief Judicial Magistrate, Barasat, North 24 Parganas in connection with MP case No. 118/2018.

(2.) It is submitted by learned advocate for the petitioner that the husband of the petitioner, Rafiqul Mondal lodged complaint before Deganga police station on 27-05-2018 against Rajaul Baidya and four others and some of the said accused persons were arrested by the police and subsequently enlarged on bail. After being granted bail, the accused persons threatened the husband of the petitioner to withdraw the case and thereafter, entered into his house with kerosene oil, lathi, sharp cutting weapon and abused and threatened the petitioner. On her protest, the miscreants set fire on the bed and clothes of the petitioner and snatched away one gold ring and accused Rajaul also tried to commit rape upon her, until she was rescued by local people. The petitioner lodged a written complaint before the police but to no effect for which she was constrained to file an application u/s 156 (3) of the Code of Criminal Procedure which was registered as MP case No. 118/2018 before the Learned Additional Chief Judicial Magistrate, Barasat. The Learned Additional Chief Judicial Magistrate called for a report from the police in this regard and on receipt of the said report which indicated a family dispute between the parties over landed property, the learned Court rejected the application filed by the petitioner in an arbitrary manner.

(3.) The State is represented and concedes to the submission of the petitioner to the extent that the impugned order lacks clarity and reason.