- (1.) THIS revisional application has been filed with a prayer for quashing of the Complaint case being AC -798/2011 under Sections 323/354/448/341/452/120B of the Indian Penal Code pending before the Court of the Learned Judicial Magistrate, 5th Court at Alipore.
(2.) THE petitioner was posted as the Inspector -in -Charge, Rabindranagar Police Station at the relevant time.
(3.) THE complaint against him was filed in the Court of the Learned Additional Chief Judicial Magistrate at Alipore by the Opposite party no. 2 on the allegation that he along with some other Police Officers attached to the Rabindranagar Police Station as well as one Mohasin Mallick (named as accused no. 4 in the complaint) resident of Makhal Hati, Barojala, T.M. Lane, Police Station -Rabindranagar, District -South 24 -Parganas, under the same Police Station had allegedly trespassed into the houses of the complainant in between 5.30 p.m. to 6 -30 p.m. on 28th May, 2011, after which those accused persons assaulted, threatened and intimidated the complainant, apart from outraging her modesty and thereby committed the aforesaid offences. After recording the oral statements of the complainant and her son under Section 200 of the Criminal Procedure Code, the learned Judicial Magistrate was pleased to issue summons upon the accused persons, including the present petitioner. His contention is that the complainant filed against him is out and out false and motivated, and has been done as a counterblast measure in view of the fact that he had ensured the safe return/rehabilitation of the co -accused Mohasin Mallick and his other close associates in the residential locality from where they had allegedly been forced out after the incidence of some untoward occurrence earlier in the year 2010.;