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Mala Majumder & Anr vs State Of West Bengal & Anr

Calcutta High Court · Decided on 10 January 2020 · Citation: (2020) 01 CAL CK 0291

HON’BLE JUDGES
Tirthankar Ghosh, J
RESULT
Disposed Of
CASE NUMBER
CRAN No. 845 Of 2018, 4145 Of 2019 In Criminal Revision (CRR) No. 289 Of 2018
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Judgment

18 paragraphs · 342 words

Tirthankar Ghosh, J

The application being CRAN 845 of 2018 is treated as on day’s list.

The revisional application has been preferred for quashing the proceeding being SPL Case No. 11 of 2017 arising out of Gariahat Police Station Case

No. 26 of 2017 dated 17.02.2017 under Sections 341/323/34 of the Indian Penal Code and Section 3( i)(r), 3( i)(s) of the Scheduled Castes and the

Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The learned advocate for the petitioners submits that the allegations made in the FIR as also the charge sheet do not constitute any offence under the

provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. To that effect the learned advocate for the

petitioners draws the attention of this court to the relevant paragraphs.

I have perused the FIR as well as the charge sheet ad I am of the opinion that prima facie a case has been made out under the Scheduled Castes and

the Scheduled Tribes (Prevention of Atrocities) Act, 1989. As such no interference is called for by this court at this stage when the petitioners have

not been able to make out a case on the basis of the documents collected by the Investigating Agency as the petitioners are yet to appear before the

concerned court.

I find from the records of the case that warrant of arrest was issued against the petitioners on 09.09.19 and the same was reiterated by the order

dated 28.11.19. The next date is fixed on 11.02.2020. The execution of warrant of arrest so issued be stayed till 11.02.2020 and if the petitioners

surrender before the learned court below, their application for bail should be considered in the background of the facts that the investigation of the

case has already been completed.

The petitioners would be at liberty to canvass the points agitated in the revisional application at the appropriate stage of the case.

With the aforesaid observations CRAN 4145 of 2019 and CRAN 845 of 2018 and CRR 289 of 2018 are disposed of.