YUKUB ALI SARANJ Vs. STATE OF WEST BENGAL
HIGH COURT OF CALCUTTA
YUKUB ALI SARANJ
STATE OF WEST BENGAL
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N.K.Bhattacharyya, J. -
(1.)This revisional application under section 482 of the Code of Criminal Procedure has been filed by the petitioners for quashing of the proceedings being N.G.R. 820 of 1990 and N.C.R. 59 of 1988, arising out of Bauria P. S. Case No. 4 dated 27.4.85 under sections 147 / 323/379/427 of the Indian Penal Code, pending before the court of the learned Sub-divisional Judicial Magistrate, Uluberia, Howrah.
(2.)From the record it appears that a duplicate police report was submitted on 30.11.90 against the accused persons for an offence under sections 323/427 of the Indian Penal Code and the learned Magistrate took cognizance of the offence and directed issuance of process against the accused persons by his order dated 30.11.90.
(3.)The only submission that has been made before this Court by Mr. Himangsu De, learned Advocate for the accused petitioners, is that the cognizance having been taken beyond the period of three years as contemplated under Section 468 of the Code of Criminal Procedure and as there is no recording of satisfaction of the learned Magistrate in the order assigning any special reasons for taking cognizance beyond the period of 3 years as contemplated under Section 468 of the Code of Criminal Procedure, the order is illegal, incorrect and imperfect. As such the entire proceeding starting from the order of taking cognizance be quashed.
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