Shib Sadhan Sadhu, J. - (1.) THIS is an application under Section 397/401 read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C. for the sake of brevity) seeking to set aside/quash the impugned order No. 12 dated 25.02.2015 passed by the Learned Additional Sessions Judge, 3rd Court, Tamluk, Purba Medinipur in Sessions Case No. 548 (Sept) 2013 whereby and whereunder he directed issuance of summons upon the present petitioners and directing them to appear before the Court on 11.03.2015.
(2.) THE factual matrix giving rise to the present application is as follows: - "One Uttam Kumar Das, Sabhapati of Egra Sahar Trinamul Congress, P.S. Egra, Dist. Purba Medinipur lodged a written complaint before the O.C., Egra P.S. on 10.11.2007. It was alleged in that complaint that on 10.11.2007 at about 7.30 p.m. they found at Egra Bus Stand three small vehicles bearing registration Nos. WB -29/3500, WB -33/5384, WB -31/2880 along with another new Scorpio car were moving towards Kharagpur in a haphazard manner after switching off the headlights. They became suspicious and intercepted those vehicles and saw that Kalpana Munal of Gangara, Bipin Gyen of South Khalichok and Yadav Pal of Sonachura belonging to Trinamul Congress were being carried in injured condition sustaining bullet injuries. It was further alleged that in other three vehicles there were eight 'Harmads' of C.P.I.M. who were returning to West Medinipur after committing murder at Nandigram. It was also mentioned that out of those eight 'Harmads' one was Tapan Ghosh who is an accused of 'Choto Angaria' mass murder case. It was also alleged that a board 'Government of West Bengal On Duty' was affixed on the vehicle bearing No. WB -29/3500. On the basis of such written complaint Egra P.S. Case No. 134/07 dated 20.11.2007 under Sections 364/365/326/307/201/120B/34 of the Indian Penal Code (hereinafter referred to as IPC) was registered. That case was investigated into. On completion of investigation Final Report was submitted as 'Mistake of Facts' and the petitioners were discharged.
(3.) ON 26.03.2008 the Investigating Officer made a prayer before the Learned Additional Chief Judicial Magistrate, Contai for an order for reinvestigation of the aforesaid case and such prayer was allowed on 01.04.2008. The Criminal Investigation Department reinvestigated into the case namely Egra P.S. Case No. 134 of 2007 dated 10.11.2007 and after completion of investigation submitted chargesheet on 08.10.2010 under Sections 364/365/326/307/201/120B/34 of the IPC against five accused persons and the present nine petitioners were not sent up and their names were mentioned under Column No. 13 and they were discharged.;