RAJEKA BEGUM @ MINA Vs. STATE OF WEST BENGAL
HIGH COURT OF CALCUTTA
Rajeka Begum @ Mina
STATE OF WEST BENGAL
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NURE ALAM CHOWDHURY,J. -
(1.)THIS Revisional Application is directed against the order dated 20.6.1995 passed by Mr. J. Bhattacharjee, learned Judicial Magistrate, 3rd Court, Burdwan in C.R. Case No. 134 of 1995 directing seven pardanashin ladies, made accused in a complaint case to appear in person before the court on 4.7.95 and to consider their application under section 205 of the Code of Criminal Procedure after the appearance of the above accused persons. Those seven pardanashin ladies are the petitioners before this Court challenging the said order and also pray for quashing of the proceeding.
(2.)HEARD Mr. M. Ahmed, learned Counsel appearing on behalf of the petitioners and Mr. Kazi Mohammad Ali learned Advocate for the opposite parties. Perused the impugned order and the records of the case.
Mr. Ahmed, learned Counsel appearing on behalf of the petitioners submitted that on 21.1.1995, Badrul Karim Mullick, head of the family of the petitioners filed a complaint case being C.R. Case No. 32 of 1995 against one Sheikh Anowar Ali and others in the Court of the learned 4th Judicial Magistrate, Burdwan and out of grudge the said Sheikh Anowar Ali filed the aforesaid complaint case against the petitioners who are the pardanashin ladies, besides the male members of the family alleging falsely that on 26.3.95 at about 4.30 p.m., the accused persons with katari, banthi, lathi entered wrongfully into the house of the opposite party No. 2 herein, and uttered filthy languages towards him, threatened him with dire consequences and took away a black goat worth Rs. 800/- of the opposite party No. 2. grazing in the field of the accused persons.
(3.)MR . Ahmed further submitted that the learned Magistrate issued summons in the said complaint case against the petitioners under sections 147/448/504/380 of the Indian Penal Code and the petitioners made an application for exemption from personal appearance and being allowed to be represented by a lawyer but the learned Magistrate, on misconception did not exercise his discretion in favour of the petitioner, on the ground, since summons has been issued, the application of the petitioners will be considered after their appearance in Court on the date fixed by the learned Magistrate.
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