Mohammad Irfan @ Md. Irfan And Ors vs The State Of West Bengal & Anr
2022 Latest Caselaw 6482 Cal

Form J(1)         IN THE HIGH COURT AT CALCUTTA
                     Criminal Revisional Jurisdiction
                                 Appellate Side


Present :
The Hon'ble Justice Bibek Chaudhuri


                          CRR 2802 of 2022



                Mohammad Irfan @ Md. Irfan and Ors.
                                Vs.
                   The State of West Bengal & Anr.



       Md. Khairul
                     ..for the petitioner




Item No.06


Heard & Judgment on:             12.09.2022



Bibek Chaudhuri, J.

The petitioners have filed the instant revision praying for

quashing of Beniapukur Police Station Case No.284 dated 27 th June,

2022 under Sections 324/506/114 of the Indian Penal Code

corresponding to G.R. Case No.1620 of 2022 on the following

grounds:-

(i) On 27th June, 2022 at about 8.30 A.M. the petitioner No.2

Md. Jahangir and his son were brutally assaulted by the opposite

party No.2. The petitioner No.2 lodged a complaint in the local Police

Station against the opposite party No.2 and her son. Subsequently,

on the basis of which Beniapukur Police Station case No.284 dated

27th June, 2022 was registered against them.

Beniapukur Police Station case No.284 dated 27 th June, 2022

under Sections 324/506/114 of the Indian Penal Code was registered

on the basis of a complaint made by the opposite party No.2 against

the petitioners.

Thus, existence of case and counter case on the date and time

of occurrence prima facie suggests that a dispute took place between

the parties where some persons of both the parties received injury.

Considering such aspect of the matter, at this stage this Court

is not in a position to hold that the written complaint submitted by the

opposite party No.2 on the basis of which Beniapukur Police Station

case No.284 dated 27th June, 2022 was registered is false, concocted

and afterthought.

In view of such circumstances, I do not find any merit in the

instant revision and accordingly, the revision is summarily dismissed.

However, this order will not debar the petitioners to approach

this Court at a appropriate stage, if advised.

(Bibek Chaudhuri, J.)