TIRTHANKAR GHOSH,J. - (1.) The present revisional application has been preferred challenging the proceeding relating to Burrabazar Police Station case no. 809 of 2014 dated 22.12.2014 under Sections 354/114 of Indian Penal Code (corresponding to GR No. 3660/14).
(2.) The allegations made in the First Information Report are set out in verbatim as follows: "I, Seema Upadhaya, wife of Sandeep Upadhaya, residing at 4th floor at premises no. 167, N.S. Road, Kolkata - 7, with my husband and my mother-in-law and three children i.e. two daughter and one son and all my childrens are aged about 5,7 and 11 years old respectively and they are minor and school going children. Sir, the person under reference, Ramesh Singh and Santosh Singh and Rohit Singh who are also residing in the said premises no. 167, N.S. Road, Kolkata - 7 in the 5th floor and they are very much quarrel some in nature and always give trouble to me and for bad eyes on me and on the ways they always tease me and use Vulger languages towards me and when ever I raised objection on their high handed activities they are threatening me for dire consequence. Sir, on 18.12.2014 at about 9.30 p.m. the said Ramesh Singh, Santosh Singh and Umesh Singh and with their 4/5 associates those are the local hooligans, come to my room and used vulger languages to me and thrown out my household articles here and there and when I raised objection and told them not to use abusive languages to me then Santosh Singh, Ramesh Singh and Umesh Singh put their hands on my sarees and blouse and tear it down and also use physical force and assaulted me by fists and blows and Ramesh Singh put his hand on my breast and on my buttack and molested me and hust my modesty and by using criminal force intend to disrobe me and tear up my blouse and sarees and Santosh Singh also pushed me on the ground and at that time my mother-inlaw Pushpa Upadhyay came to my rescue then Ramesh Singh, Santosh Singh and Umesh Singh use criminal force upon my motherin-law too and also molest her and use criminal force upon her and she also molested by them. Sir, at that time other tenants of the premises came therein and seeing then said Ramesh Singh, Santosh Singh and Umesh Singh along with 4/5 associates left the place by saying me that if I lodge any complaint to P.S. or to any Police Authority, then they will teach me a good lesson and put me and my whole family members behind the bar in different false criminal case, and when my husband Sandeep Upadhyay came to my house then the said Ramesh Singh, Santosh Singh and Umesh Singh on false allegation and on false complaint put my husband behind the bar in a case vide Burrabazar P.S. Case no. 792 dt. 19.12.2014 State - Vs. - Sandeep Upadhyay U/s. 307 I.P.C. and R.W. 25/27 Arms Act and make arrest my husband in the said false case and put him behind the bar and now I am living in my said room alone with my three minor children and with my old ailing mother-in-law and the said Ramesh Singh, Santosh Singh and Umesh Singh may again make attempt on my life and do wrongful act to me. Sir, due to their such physical assault and molestation, I loss my prestige and dignity and my modesty hurt badly and due to their threatening for dire consequences and fear of my life and considering my minor childrens life, I was not to able to lodge complaint on 18.12.2014 but when my relatives came and on their assurance I got courage and come forward to your goodself on the 22.12.2014 with my this letter of complaint for F.I.R. Therefore you please look into the matter and do the needful for safety and security of my life and also take necessary and appropriate legal action against the said Ramesh Singh, Santosh Singh and Umesh Singh and others and booked them as per law of the land and treat my this letter of complaint as F.I.R. and obliged."
(3.) Mr. Sekhar Basu, learned Senior Advocate appearing for the petitioners submitted that prior to the initiation of the present case another case was registered at the same police station being Burrabazar Police Station Case No. 792/14 dated 19.12.2014 under Section 307 of the Indian Penal Code read with Section 25/27 of the Arms Act, the foundation of which was based on the statement of the complainant namely, Santosh Kumar Singh (the present petitioner no.2).;