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4.1.2018

p.b.

Ct. No. 35

CRR 4262 of 2017

Ansar Ali @ Mia Ors.

Vs.

State of West Bengal Anr.

Mr. Tapan Dutta Gupta.

…..for the petitioner.

This application under Section 482 of the Code of Criminal

Procedure has been filed for quashing of the charge sheet no.455/2017

dated 31st July, 2017 under Sections 147/148/149/323/325/307/302

of the Indian Penal Code corresponding to G.R. No.1698/2013 arising

out of Gazole Police Station Case No.241 of 2013 pending in the court of

learned Chief Judicial Magistrate, Malda.

Learned advocate appearing on behalf of the petitioner contends

that the FIR of the case under reference does not disclose any offence

alleged to have been committed by the present petitioner and it would be

impossible on the part of the witnesses to state in details about the

participation of the present petitioners out of the 45 accused persons,

who have been charge sheeted in that case. In support of his contention,

learned advocate for the petitioner has relied on the decision reported in

(2010)1 C Cr. LR (SC) 256 (Neelu Chopra Anr. vs. Bharti) wherein the

Supreme Court has quashed a proceeding under Section 498A/406
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holding inter alia that there was no material in the FIR about the

particulars of the offence committed by each and every accused and the

role played by each and every accused in committing that offence.

Learned advocate vehemently contends that the ratio of the decision of

the case is applicable to this case and the Court has ample jurisdiction

to this Court to stay all further proceeding of the case and to quash the

case under reference. In my view, the matter should be disposed of in a

contested form.

The petitioner is directed to serve copy of the application along

with annexures on the opposite parties by speed post with

acknowledgement due within two weeks from date.

List the matter under the heading “Adjourned Motion” after

expiry of four weeks.

Urgent photostat certified copy of this order, if applied for, shall

be given to the parties as expeditiously as possible.

(Debi Prosad Dey, J.)