Indian Kanoon - Search engine for Indian Law

2b. On the basis of said complaint, a case was registered being Duttapukur Police Station Case No. 03 of 2017 dated 01.01.2017 under Sections 341/325/354B/506/34 of the Indian Penal Code, 1860 against the co-accused and the Petitioner herein. The said case was assigned for investigation to the Investigating Officer. 2c. After conclusion of investigation, a Charge Sheet being No. 197 of 2017 dated 28.03.2017 under Sections 341/325/354B/506/34 of the Indian Penal Code, 1860 filed in connection with Duttapukur Police Station Case No. 03 of 2017 dated 01.01.2017 before the Learned Court below.

4. It is further submitted that Charge Sheet has been submitted under Sections 341/325/354B/506/34 of the Indian Penal Code, 1860 against other accused persons although Charge Sheet was submitted against the Petitioner only under Section 506 of the Indian Penal Code, 1860. Accordingly, the instant case is totally false and frivolous and is lodged only to harass the Petitioner. Petitioner was not at all involved in the said incident. Accordingly, the proceeding is liable to be quashed otherwise Petitioner would suffer greatly and prejudice to such false allegation.

5. Finally, it was further submitted that Charge Sheet has been submitted under Sections 341/325/354B/506/34 of the Indian Penal Code, 1860 against other 8 accused persons but Charge Sheet was submitted under Section 506 of the Indian Penal Code, 1860 only against the present Petitioner but the Learned Magistrate wrongly took cognizance against all 9 accused including Petitioner herein in connection with all the alleged Sections. Accordingly, the legal Maxim "Sublato Fundamento Cadit Opus" meaning thereby "initial action (Cognizance taken) being bad, all subsequent actions are bad" squarely applies in the present case and only on such score, impugned proceeding being G.R. No. 12/17 is liable to be quashed insofar as the present Petitioner is concerned. A written note of argument is also filed by the Petitioner for consideration.

8. During investigation, the Investigating Officer visited the Place of Occurrence, examined and recorded statements of the local witnesses under Section 161 of the Cr.PC and also collected the injury report of Halima Bibi (Complainant) and Jamaluddin and seized the same. Wherefrom it reveals the incident took place with the de-facto complainant and her followers on the alleged date, time and place and a prima facie case has been established against the accused persons. Accordingly, a Charge Sheet has been submitted under Sections 341/325/354B/506/34 of the Indian Penal Code, 1860 against other 8 accused persons. However, a Charge Sheet under Section 506 of the Indian Penal Code, 1860 only has been submitted against the present Petitioner, namely, Monuar Ali.