CIVIL APPEAL 388 on 7 October 2005

13.03.202463cm

CRR 3695 of 2005

In the matter of : Dipa Saha & Anr.

…. petitioners.

Mr. Soumik GanguliMr. Supriyo Shasmal

…. for the petitioners

Mr. Pratick Bose

… for the State

The instant revisional application was filed for quashingof the proceeding being case No. 388C of 2005 pending beforethe learned Judicial Magistrate, 6[th] Court at Bankura underSection 379/448 of the Indian Penal Code.

Perused the contention of the petitioners in the petitionas well as the complaint filed by the opposite party No.2. Itfurther appears that vide order No.1 dated 07.10.2005 thelearned trial court had rejected the prayer under Section 156(3)of the Code of Criminal Procedure directing the originalcomplaint to the Officer-in-Charge concern for investigationand treating as F.I.R. The complaint was thereafter treated ascomplaint case. Subsequently summons was issued againstthe accused persons under Section 379/448 of the IndianPenal Code.

From the materials on record it appears that there hasbeen an acrimonious relationship between the parties withfiling of a civil suit being T.S. 4 of 2000 renumbered as T.S. 92

of 2002. The complaint dated 07.10.2005 revealed that theaccused persons had committed theft of wooden logsamounting to Rs. 50,000/-. It is surprising that the trial courtconsidered to deal with such issue as complaint case withoutproper investigation and came to an opinion for takingcognizance of this complaint in the form of registration thesame as complaint case. The complaint was filed after 19 daysof the incident. To allow to continue with the trial will result inabuse of process of law.

The proceeding being case No. 388C of 2005 pendingbefore the learned Judicial Magistrate, 6[th] Court at Bankuraunder Section 379/448 of the Indian Penal Code is quashed.Accordingly, the instant revisional application isdisposed of.Copy of the order be sent to the trial court forinformation.

(Ananya Bandyopadhyay, J.)