HATEM ALI SHEIKH Vs. MOKADDER KHAN

JUDGEMENT

(1.) The learned Advocate for the petitioners filed the affidavit of service, from which it appears that out of 23 opposite parties 18 opposite parties were duly served. In spite of service none appears for the accused opposite parties. Mrs. Krishna Ghosh, learned Advocate appears on behalf of the State. The matter is taken up for hearing.

(2.) It appears that Basanti P .S. Case No.3 (6) 84 was started on the basis of an information lodged by one Jakarta Molla against the accused opposite parties alleging commission of an offence under Sections 147/ 148/ 149/ 324/325 of the Indian Penal Code. On completion of investigation Police submitted charge-sheet being charge sheet No. 41 dated 28-7-1986 under Sections 147/148/149/324/325 of the Indian Penal Code. The said case is now pending in the Court of learned Sub-Divisional Judicial Magistrate, Alipore. 24 Parganas (South).

(3.) Over the self-same incident another case was registered with Basanti Police Station being Basanti P.S. Case No.3 (6) 84 on the basis of an information lodged by one Mokadder Khan (Opposite party No.1 in the present revisional application) against the present petitioners and 13 others. In the said case charge-sheet was submitted by the police under Sections 147/148/149/325/379/302 of the Indian Penal Code against the present petitioners and 20 others. As the case is exclusively triable by the Court of Sessions the case was committed to the Court of the learned Sessions Judge, South 24-Parganas at Alipore and is numbered as S.C. Case No.2 (8) 97 S.T. No. 4(9) 97.