Calcutta High Court (Appellete Side)
Munshi Ashraful Rahaman & Ors vs Unknown on 22 June, 2012
Author: Kanwaljit Singh Ahluwalia
Bench: Kanwaljit Singh Ahluwalia
1 22 22.06.2012
.
s.d. CRR 1066 of 2011
In the matter of : Munshi Ashraful Rahaman & Ors.
......petitioners.
Re : An application under section 482 of the Code of Criminal Procedure. Mr. Bhaskar Chakraborty ......for the petitioners.
The present petition has been filed under section 482 of the Code of Criminal Procedure praying that the F.I.R No. 150/11 dated 17th March, 2012 corresponding to G. R. Case No. 351 of 2011 under Sections 147/148/149/341/323/379 I.P.C be quashed.
Counsel for the petitioners stated that one Munshi Saidur Rahaman, opposite party no. 2 filed an application under section 156(3) Cr. P. C before the Additional Chief Judicial Magistrate, Arambag alleging therein that on 27th February, 2011 at about 11 p. m. the accused petitioners accompanied by 6-8 persons armed with lethal weapons came to the house of the opposite party with a tractor and trolley.
It is alleged that the accused committed a theft of 1000 pieces of bricks and 16 quintals of iron rods and while going back 2 they had tied the hands and legs of the family members of the complainant. They also left the place of occurrence while giving threat warning to the member of the family of the complainant that they will be liquidated.
Counsel for the petitioners has submitted that during the investigation witnesses have not supported de facto complainant regarding theft and the police has not submitted charge-sheet for offence under section 379 I.P.C Hence, it is prayed that this Court should quash the F. I. R as during investigation de facto complainant has been partly disbelieved by the Investigating Agency.
I am afraid that this contention of the advanced by the counsel for the petitioners cannot be accepted. "Maxim falsus in uno, falsus in omnibus" is not acknowledged by the Indian Courts. A witness may be partly unreliable yet he may be reliable qua other part of his deposition. To what an extent a witness is to be believed is in realm of appreciation of the evidence. This Court under section 482 of the Code of Criminal Procedure cannot discharge a function of a trial court and hence, no ground is made to cause interference. The present petition is dismissed. 3
Criminal Section is directed to supply urgent Photostat certified copy of this order, if applied for, to the parties after compliance of necessary formalities.
(Kanwaljit Singh Ahluwalia, J. )