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Monir Hossain @ Apu And Another vs State And Another on 28 August, 2019



pk C.R.R 2226 of 2004

Monir Hossain @ Apu and another

State and another

None appears for the petitioners. No accommodation is

sought for.

The revisional application has been preferred in connection

with C. G. R. No. 1901 of 2003 arising out of Ekbalpore Police

Station Case No. 127 dated 09.07.2003 under Sections

498A/Section406/Section34 of the Indian Penal Code and under Sections

324/Section341 of the Indian Penal Code.

I find that the petitioners are also aggrieved by the order

dated 01.07.2004 passed by the learned Judicial Magistrate, 4th

Court, Alipore.

I find from the order dated 01.07.2004 passed by the learned

Judicial Magistrate that the petitioners filed an application for

discharge wherein the learned Magistrate was pleased to hold that

after consideration of the attending circumstances and the

materials under Section 173 Cr. P. C. and that the charges are not

restricted to Section 498A only and materials relied upon by the

Prosecution reflect a prima facie case under Sections 324/Section34 of

the Indian Penal Code and also for the offence of abetment under

Section 109 of the Indian Penal Code, no case for discharge has

been made out in the petition.

The reasons assigned by the learned Magistrate are cogent

and logical and as such do not call for interference by this Court.

Accordingly, C. R. R. 2226 of 2004 is dismissed.

I find from the order dated 7.2.2005 passed by this Court

that the interim order, which was granted earlier, was extended till

further orders.

In view of the revisional application being dismissed all

interim orders granted earlier are hereby vacated.

Department is directed to communicate this order to the

learned court below.

(Tirthankar Ghosh,J.)

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