Talukdar Sk & Anr vs The State Of West Bengal & Anr
2023 Latest Caselaw 2510 Cal

Form J(1)        IN THE HIGH COURT AT CALCUTTA
                    Criminal Revisional Jurisdiction
                              Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri

                        C.R.R. 4010 of 2022
                        Talukdar Sk & Anr.
                                Vs.
                  The State of West Bengal & Anr.

For the petitioners     :   Ms. Ameena Kabir, Adv.


Heard on                : 12.04.2023.

Judgment On             : 12.04.2023.

Bibek Chaudhuri, J.

In relation to a dispute between two neighbours, both the

parties lodged complaint on the basis of which a case and counter

case were registered. The petitioners have prayed for quashing of

the FIR lodged by one Surman Sk, opposite party No.2.

Indisputably charge-sheet has been submitted against the

petitioners . It is to be looked into at the time of trial whether any

such incident took place or not where the accused persons/petitioners

were allegedly involved in assaulting the brother of the opposite party

No.2.

However, it is submitted by the learned Advocate for the

petitioners that though there is no grievous hurt sustained by the

brother of the opposite party No.2, charge-sheet has been submitted

under Section 325 of Indian Penal Code.

The instant revision is disposed of directing the learned

Magistrate to consider at the time of consideration of charge on the

basis of the statement adduced by the witnesses and the medical

report to come to a conclusion as to whether there is any material to

frame charge against the petitioners under Section 325 of the Indian

Penal Code.

Upon such consideration, charge shall be framed against them.

(Bibek Chaudhuri, J.)

Mithun De/ A.R. (Ct).

Sl No.21..

D/L.