- (1.) Quashing of the proceedings in G.R. ease No. 1153 of 2007, pending in the Court of learned 9th Metropolitan Magistrate, Kolkata arising out of Park Street Police Station Case No. 131 elated 21.5.2007 has been sought for in this application riled by Md. Shahid Khan and three others, mainly, on the grounds : a) that the prosecution is manifestly attended with mala fide and instituted with an ulterior motive for wreaking vengeance on them with a view to spite them due to private and personal grudge; . b) that no prima facie case is made out under Sections 365/ 387/344/120B IPC, even if the allegations made in the F.I.R, charge-sheet are taken at their face value and accepted in their entirety;
(2.) For better appreciation of the matter, the factual aspects leading to this application are required to be set out. The petitioners are former residents of Gaya, Bihar. Father of the opposite party No. 2, Jauyad Ali is also a permanent resident of Gaya, Bihar. Father of the petitioners No. 1, 2, 3 was Shahjahan Khan was murdered and the father of the opposite party No. 2 and his uncles were made accused in that murder case. Their trial is pending in a Court at Gaya. The opposite party No. 2 and his brother Naiyer Ahmed are residing at Kolkata and running hotel business. There are cases and counter cases between two families and over the issue of the murder of father of the petitioner 1,2,3, a process of negotiation was going on through one Sabbir of Kolkata. On 20.5.2007, at about 10 hours, Sabbir called on Naiyer over phone and told him that the sons of deceased Shahjahan arrived at Kolkata and they wanted to comprise the pending case and for that purpose, they wanted to meet Naiyer Ahmed. Hearing that, Naiyer Ahmed left for Sabbir but did not return back till 3.30 P.M. His brother Jauwed Ali (de facto complainant) made a phone call to his brother Naiyer but it was disconnected. A few minutes thereafter Naiyer called him over phone and told him that petitioners have come with son- in-law of Shahjahan Khan at Calcutta from Gaya and a negotiation was going on with them. He also said that he would be returning back home shortly. But, he did not return. Neither he was found available nor he made any phone call, Jauwed Ali filed one F.I.R. in Park Street Police Sation stating the facts above apprehending that Sabbir and the . petitioners kidnapped Naiyer Ahmed and confined him in a secrete place.
(3.) The F.I.R. was lodged on 21.5.2007 on the basis of which Park Street Police Station Case No. 131 dated 21.5,2007 was started. Investigation into the case was also started. In course of investigation, the investigating officer collected evidence, recorded statement of witnesses, got the statement of Naiyer recorded under Section 164 of the Cr.P.C. after recovering him from Howrah Station and finally submitted charge-sheet against the petitioners and one Sabbir under the above mentioned Sections. The learned Metropolitan Magistrate, on 17.3.2008, had taken cognizance of offences under Section 365/ 387/344/120B of IPC against the petitioners and Sabbir. Sabir was shown as absconder in the charge-sheet. Warrant of arrest was issued against him. The petitioner have come up with this application praying for quashing of the proceeding on the grounds already mentioned.;