Calcutta High Court (Appellete Side)
Dharambir S. Kalia @ Dharamvir S. Kalia & ... vs The State Of West Bengal & Anr on 26 April, 2010
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1 Form No. J (1) IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction Appellate Side Present:
The Hon'ble Justice Ashim Kumar Roy C.R.R. No. 868 of 2010 Dharambir S. Kalia @ Dharamvir S. Kalia & Ors.
versus The State of West Bengal & Anr.
For Petitioners : Mr. Apurba Kumar Datta Heard On : March 24th, 2010. Judgment On : 26-04-2010.
In this criminal revision, the petitioners sought for quashing of a complaint case relating to the offence punishable under Sections 323/379/448/506/34 of the Indian Penal Code now pending before the Learned Judicial Magistrate, 5th Court, Asansol, Burdwan.
2. Heard Mr. Apurba Kumar Datta, learned advocate appearing for the petitioners. Perused the materials on record.
3. The grounds which have been urged in support of this application for quashing are as follows;
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(a) Admittedly, the petitioners are all the residents of Gujarat and it was highly absurd for them to come to Barakar and the collecting firearms and attacked the complainant.
(b) The petitioners are old persons. The petitioner no. 1 is aged about 70 years, the petitioner no. 2 is aged about 68 years while the petitioner no. 3 is a lady, daughter of the petitioner no. 1 aged about 30 years. The petitioner no. 4 is aged about 28 years and the petitioner no. 5 is aged about 35 years. They are the daughters of the petitioner no. 1.
(c) The petitioner no. 4 is the daughter-in-law of the complainant and a criminal case under Section 498A of the Indian Penal Code is pending against the complainant and her other relations instituted by her.
3. I have given my anxious and thoughtful consideration to the submissions made by the Learned advocate appearing on behalf of the petitioners. None of the grounds on which the quashing has been sought for, can be taken into consideration at this stage, which version of the case is true, whether this version of the complainant or that of the accused cannot be determined at this stage. Moreover, having gone through the petition of complaint, it cannot be said that no offence has been made out.
4. In such view of the matter, the question of quashing of the complaint does not at all arise.
However, considering the fact that the petitioners are the residents of Gujarat, a place far away from the Court where the impugned prosecution has been pending against them and considering the facts that the petitioner no. 1 3 and petitioner no. 2 are petty old persons and remaining others are the housewives, they shall be at liberty to file an application under Section 205 of the Code of Criminal Procedure before the Court below and if such application is filed, the Learned Magistrate is directed to consider the same sympathetically and in accordance with law.
Criminal Section is directed to deliver urgent Photostat certified copy of this Judgement to the parties, if applied for, as early as possible.
( Ashim Kumar Roy, J. )