KALIDAS MUKHERJEE, J. - (1.) THIS is an application under Section 397/401 read with Section 482 of the Code of Criminal Procedure assailing the Order dated 07.01.2011 passed by the learned Additional Chief Judicial Magistrate, Bidhan Nagar (N) in G.R. Case No. 352/2008 whereby and whereunder the learned Magistrate discharged the accused persons under Section 239, Cr.P.C.
(2.) A complaint was lodged by Dr. (Mrs.) Minati Banik on 18.06.2008 alleging that on 10th July, 2007 her husband Dr. J.R. Banik was assaulted by Satyaki Roy, Sanjib Ghosh, Sudip Paul and Dr. Partha Bhattacharya at 6.30 -7.00 p.m. at Medical Centre. Dr. J.R. Banik was confined in his room. When he tried to go out of the room by walking down the corridor, those persons chased Dr. Banik with filthy language and pushed him from behind. As a result he became stunned for a few seconds and sat on the floor. Dr. J.R. Banik then informed the police over phone. In the meantime three more people, namely, Dr. Rupasree Bhattacharjee, Mr. Ramen Guha and Dr. Gour Gopal Chatterjee came to support the accused persons. One A.S.I. and a Constable came there. The informant and all the employees of the hospital and the informant"s sister were all present there. Dr. J.R. Banik was not injured but complained of some pain on the right side of his head. The Brain Scan was done. It was found that there was subdural collection of blood pressing on the brain. Dr. J.R. Banik was admitted in the Nursing Home immediately. He was operated on the brain. Upon receipt of this complaint the Bidhan Nagar (N) Police Station Case No. 104 dated 23.06.2008 was started under Section 341/325/34, Indian Penal Code.
(3.) AFTER completion of investigation, the charge-sheet was submitted under Section 341/325/34, Indian Penal Code against the accused persons. The learned Magistrate by Order dated 07.01.2011 allowed the petition filed by the accused persons praying for discharge under Section 239, Cr.P.C.;