- (1.) Invoking Section 482 of the Code of Criminal Procedure, the petitioners have moved this criminal revision for quashing of the First Information Report (FIR) relating to the Gopalnagar Police Station Case No. 52/08 dated 4.2.2008 under Sections 406/420/302/201/120B of the Indian Penal Code on the following grounds; (a) They have not named in the First Information Report. (b) Although there is no allegation against the petitioners, still the police regularly harassing them. (c) The petitioners have been granted anticipatory bail by this High Court. (d) After granting of anticipatory bail, they have surrendered in the Court below and have enlarged on interim bail and such interim bail has been extended from time to time.
(2.) Mr. Abhijit Kumar Adhya, the Learned Counsel appearing for the State produced the Case Diary and vehemently opposed the prayer for quashing.
(3.) I have given my anxious and thoughtful consideration to the submissions made on behalf of the parties and very carefully perused the Case Diary. It is true that in the first Information Report the petitioners were not named as the alleged accused. However, I find both the petitioners are the son of one Manoranjan Das, of village Rasulpur, P.O. Bhandar Khola, Police Station Gopal Nagar, District North 24-Parganas. I also find the FIR named accused Balai Das is also the son of Manoranjan Das and resident of the same place. According to the prosecution, the investigation is at very nascent stage and it is yet to be investigated whether the present petitioners are the same persons, viz., Balai Das and his brother. Unless the investigating agency comes to a definite findings that they are not the same persons, the question of quashing of the First Information Report does not at all arise. In my opinion, it would be just and proper to allow the Investigating Agency to conclude the investigation. This criminal revision has no merit and accordingly stands dismissed. Interim order, if any, stands vacated.;