Calcutta High Court (Appellete Side)
3174/2010 on 12 May, 2011
Author: Asim Kumar Ray
Bench: Asim Kumar Ray
2-05-11 C.R.R. No. 3174 of 2010
With
CRAN No. 839 of 2011
Mr. Himangsu De,
Mr. Amal Krishna Samanta,
Mr. Navanil De. ... for the petitioners.
Mr. Alok Roy Chowdhury. ... for the State.
Mr. De, learned senior Advocate, appearing for the petitioners submits that on 19-12-2008, the de facto complainant lodged a G.D. bearing G.D. Entry No. 872 dated 19-12-2008. On the basis of the incident dated 19-12-2008, a case under Section 107 of Cr.P.C. was registered and the said case referred to as NGR Case No. 671 of 2008. Investigation was taken up. On completion of investigation, police submitted a report and lastly, on 28-08-2009 the learned Executive Magistrate, Contai, Purba Medinipur, passed an order terminating the said proceeding.
Thereafter, on 05-01-2009, the same de facto complainant submitted a written complaint before the Officer-in-Charge, Ramnagar P.S. and on the basis of that complaint, Ramnagar P.S. Case No. 2 of 2009 dated 05-01-2009 under Section 341/323/325/354/379/506/34 of I.P.C. was started. The case was registered as G.R. Case No. 23 of 2009.
Mr. De specifically submits that over the self-same offence two cases were registered. If the papers in connection with NGR Case No. 671 of 2008 is perused by placing the same by the side of the paper of G.R. Case No. 23 of 2009, then it will transpire that G.R. Case, which was started after the lapse of 17 days of the disposal of the NGR case, is nothing but a false one. The proceeding in connection with the said G.R. Case No. 23 of 2009 may be quashed.
Mr. Roy Chowdhury, learned Advocate, appearing for the State submits that from the face of the papers it is coming out that the G.R. Case No. 23 of 2009 is a false case.
I have meticulously perused the record and taken stock of the submissions of both sides. It appears that NGR was started on the basis of incident dated 19- 12-2008. The time of incident as it appears from the body of the report for prosecution in connection with G.D. Entry No. 872 dated 19-12-2008 under Section 107 Cr.P.C, it transpires that the incident occurred at around 12 hours. Now, if I see the First Information Report of G.R. i.e. G.R. Case No. 23 of 2009 it 2 will appear that the offence occurred on 19-12-2008 at around 12 hours. The place of occurrence is also same. It has occurred at village Sadikpur.
Therefore, I find substance in the submission of Mr. De. The G.R. being G.R. Case No. 23 of 2009 do hereby quashed.
The revisional application stands disposed of.
All connected applications be disposed of too.
Urgent xerox certified copy of this order, if applied for, be supplied to the parties.
(Asim Kumar Ray, J.)