PIJUSH MAJUMDAR Vs. RAMESH NAMA

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 21.8.1978 passed by the Judicial Magistrate, 1st Class, Belonia in Criminal Case No. G. R. 135 of 1977, giving consent under Section 321, Cr. P.C. to the withdrawal from prosecution moved by the Asst. public Prosecutor, Belonia.

(2.) THE facts of the case are that Premchand Majumdar instituted an information at the Belonia Police Station on 20.9.1977 alleging that his brother Pijush Majumdar was travelling from Agartala to Belonia in a public bus on 19 -9 -77 by taking his seat in the front row of the bus and that a girl and a boy were also accompanying him by his side. The boy got down at a place on the way and so also did the girl passenger after some time. The girl alighted at a place named Nalua. Premchand also got down there. While he was taking tea at a stall at Nalua Bazar a person named Santi Mahajan of village Abhaynagar under the Belonia P.S. approached him and enquired from him as to whether he had outraged the modesty of the girl. On his denial nothing further took place there and Premchand retired to his own house. But on the following morning accused Jogendra Nama, Nantu Nama and Benu Nama came to the house of Premchand and informed him that Premchand should attend a baithak to be held over outraging the modesty of a girl. Premchand then shifted himself to the house of his relative Nitai Poddar. After sometime Natu and some 11/12 other persons arrived there and attempted to forcibly take away Premchand but at the intervention of some villagers those persons left the place after asking the people to send Premchand to the baithak. While Premchand accompanied by some other persons was proceeding from the house of Nitai he was suddenly surrounded by the accused persons and assaulted. Premchand fell unconscious. He was afterwards rescued by a village matbar. Premchand was hospitalised for the injuries caused to him by the accused persons. After investigation charge sheet was submitted against the accused persons under Sections 143/147/341 and 323, I.P.C. The learned Magistrate took cognizance of the offence on 25.12.1977. After several adjournments, on 21.8.1978 when 6 of the 7 accused persons were present in Court, the Asstt. public Prosecutor submitted a petition to the learned Magistrate for withdrawal of the case under Section 321, Cr. P.C. Thereupon the learned Magistrate passed the impugned order.

(3.) BEING aggrieved by the order of acquittal informant Pijush Majumdar has come up in revision to this Court.