- (1.) This application is at the instance of the de facto complainant and is directed against the Order dated June 9, 2011 passed by the learned Additional Chief Judicial Magistrate, Alipore in respect of Maheshtala Police Station Case No.723(11)10 under Section 326/34 of the Indian Penal Code thereby dismissing an application under Section 173(8) of the Code of Criminal Procedure, 1973.
(2.) The petitioner lodged an ejahar with the Maheshtala Police Station on November 10, 2010 to the effect that on November 6, 2010 at about 10 A.M. when Sk. Gahar was returning from nature s call, accused Sk. Saidul and others attacked him over the dispute of the daily rate of masons. Such dispute was raised on the previous day and as a consequence of November 6, 2010 the accused persons attacked Sk. Gahar with Sword and Tangi , etc. causing injury on his back. When Sk. Yasin and others rushed to the spot to save Gahar, they were also attacked and Yasin was also injured on his head by the accused persons. Over such incident, the petitioner lodged an ejahar with the Police Station. Accordingly, Police started the aforesaid Police Station case and upon completion of the investigation, submitted charge-sheet under Section 341/324/506/34 of the IPC. Accordingly, the concerned Magistrate took cognizance of the offence and thereafter, the petitioner filed an application for re-investigation of the case under Section 173(8) of the Criminal Procedure Code (in short, Cr.P.C. ) and that application was rejected by the learned Trial Judge. Being aggrieved, this application has been preferred.
(3.) Now, the question is whether the impugned order should be sustained or an order for further investigation should be directed.;