MRINALINI MANDAL Vs. SWAPAN KUMAR MANDAL
HIGH COURT OF CALCUTTA
Swapan Kumar Mandal
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BIBEK CHAUDHURI,J. -
(1.)This is an appeal again acquittal filed by the defacto complainant, one Mrinalini Mandal assailing the judgment and order of acquittal dtd. 04/06/2015 passed by the learned Judicial Magistrate, 2nd Court at Contai, Purba Medinipur in CR Case No.102 of 2005.
(2.)One Mrinalini Mandal (hereinafter described as the complainantappellant) filed a complaint before the learned Sub-Divisional Judicial Magistrate at Contai, stating, inter alia, that on 13/01/2005 at about 8 am the accused persons, namely, Swapan Kumar Mandal, Tapan Kumar Mandal and Tarun Kumar Mandal with some unknown persons being armed with deadly weapons like Lathi, Katari, rope etc formed an unlawful assembly and trespass into the land of the defacto complainant situated at plot No.694 and 392 within mouza Chattabheri which she inherited from her father. The accused persons illegally cut and took away 30 numbers of bamboos from the bamboo grove of the defacto complainant to the house of accused No.1 Swapan Kumar Mandal. The brothers of the defacto complainant-appellant raised protest against such illegal act of the accused persons but they abused them in filthy language and tried to assault them. The defacto complainant stated further that the price of the said bamboos was approximately Rs.1500/-. The defacto complainant is an assistant teacher of a local nursery school and on the date and time of occurrence she was busy with Saraswati Puja performance at her school. The witnesses informed the incident to her. She lodged a complaint before the local Panchyat. The Panchyat tried to settle the dispute amicably but the accused persons refused to accede to proposal of settlement given by the local Panchyat members. On 28th February, 2005 the defacto complainant sent a complaint under registered post to the Officer-in-Charge, Contai P.S but the police did not take action against the accused persons. The accused No.1 is a SubInspector of Police attached to Kolkata Police and being a Police Officer he was spear-heading all sorts of illegal act against the complainant. It is further stated by the complainant that she filed series of writ petitions in this Court for recording her name in the record of rights in respect of the disputed plots in question and this Court time to time passed several orders in favour of the complainant directing the Block Land and Land Revenue Officer to record the name of the defacto complainant in respect of the said property but it was not done on the date of filing of the complaint.
(3.)On the basis of the said complaint the learned Sub-Divisional Judicial Magistrate, Contai took cognizance of offence against the accused persons and sent the case record to the 2nd Court of the learned Judicial Magistrate at Contai for inquiry and trial. The learned Magistrate on initial inquiry and after obtaining a report under Sec. 202 of the Code of Criminal Procedure, vide order dtd. 17th May, 2008 issued process against the accused persons under Sec. 147/447/379/506/34 of the Indian Penal Code.
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