Basiruddin Miah vs The State Of West Bengal & Anr
2022 Latest Caselaw 263 Cal

Form No. J(2)

IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction Appellate Side

Present:

The Hon'ble Justice Jay Sengupta

CRR 163 of 2022

Basiruddin Miah Vs.

The State of West Bengal & Anr.

For the Petitioner         :     Ms. Jeenia Rudra


Heard on                   :     2nd February 2022

Judgment on :              :     2nd February 2022



The Court:

This is an application seeking quashing of the proceeding in which a charge

sheet was submitted under Sections 323, 341,427,506 read with Section 34 of the

Indian Penal Code.

Learned counsel appearing on behalf of the petitioner submits as follows. The

petitioners are absolutely innocent. They have been falsely implicated in the

present case which was started by way of an application under Section 156(3) of

the Code. They have been granted bail in this case. From a plain reading of the

F.I.R. it becomes apparent that no prima facie case is made out against the

petitioners. Therefore, the proceeding should be quashed.

I have heard the submissions of the learned counsel for the petitioner and

have perused the revision petition including the F.I.R and the Charge Sheet

appended with the revision petition.

It appears from the F.I.R. that the de facto complainant had alleged that when

she and her husband went to reap the harvest in their field, the petitioners came

with arms, abused and assaulted them. When she protested, the accused threw

her on the field and started to assault her with a bamboo stick. She was molested.

There was also an attempt to throttle her. Thereafter, the accused came with iron

rod and other arms and a tractor and destroyed their harvest. The informant and

the other victims had to be treated at a hospital.

Therefore, from a plain reading of the F.I.R. it appears that a prima facie case

is made out against the accused.

Besides, whether the petitioners are innocent are disputed questions of fact

which can be gone into only at the time of trial.

In view of the above, I do not find any merit in this application.

Accordingly, the revisional application is dismissed.

However, there shall be no order as to costs.

Urgent photostat certified copy of this order may be supplied to the parties

expeditiously, if applied for.

(JAY SENGUPTA,J )

SB