Madhumati Mitra, J. - (1.) Petitioner being the accused of complaint Case No.377C/2010 under Sections 500/109B/34 of the Indian Penal Code has approached praying for quashing of the said proceedings pending before Learned Judicial Magistrate, 1st Court, Uluberia, District-Howrah.
(2.) The background aspects of the matter, so far relevant for the present purpose, may be narrated, in brief, as follows:- In the year 1993, the petitioner filed a petition of complaint under Section 156(3) of the Code of Criminal Procedure before the then Sub-Divisional Judicial Magistrate, Uluberia District, Howrah, for commission of alleged offences punishable under Sections 451/323/380/504/506/109 of the Indian Penal Code against the present opposite party and others. The said petition of complaint was registered as an FIR as per the direction of Learned Magistrate. Investigation ended in submission of charge-sheet against the accused for commission of alleged offences punishable under Section 147/451/380/323/504/506/109 of the Indian Penal Code. Charge was framed against all the accused persons for commission of alleged offences punishable under Section 323/380 of the Indian Penal Code. After conclusion of trial, Learned Magistrate acquitted all the accused persons under Section 248(1) of the Code of Criminal Procedure. The said judgment of acquittal passed by the Learned Magistrate dated 02.09.2009 was challenged by the present petitioner who was the de facto complainant of that case by way of preferring an appeal along with an application under Section 5 of the Limitation Act.
(3.) The present opposite party/complainant was one of the accused persons of the criminal case being G.R.Case No.396 of 1994 initiated by the petitioner. After the judgment of acquittal, the present opposite party filed a complaint case being C-377 of 2010 before the Learned 1st Judicial Magistrate, Uluberia, Howrah against the present petitioner. Learned Magistrate took cognizance of the alleged offences and issued process against the present petitioner to face trial for commission of alleged offences punishable under Sections 500/190B/34 of the Indian Penal Code. The copy of petition of complaint of the complaint case No.377-C of 2010 has been annexed to the application under Section 482 of the Code of Criminal Procedure praying for quashing of the proceedings. From the said petition of complaint, it reveals that the complainant alleged that they were falsely implicated in the G.R.Case No.396 of 1994. The complainant and other accused were arrested in respect of that case. That criminal proceedings continued for about 15 years and caused harm to his reputation and dignity.;