- (1.)All the three contending parties are represented by their respective learned Advocates, who have been heard at length.
(2.)By this application under Article 227 of the Constitution of India and Section 482 of the Code of Criminal Procedure (for short Code), the petitioner-accused (hereinafter referred to as the accused) has prayed the Court for quashing of the relevant proceedings, being G. R. Case No. 118 of 1988, arising out of Bagnan P. S. Case No. 11 dated 23-3-1988, pending before the Sub-Divisional Judicial Magistrate at Uluberia for the reasons stated and on the grounds made out therein.
(3.)Of the various grounds taken by the Petitioner, Mr. Dilip Kumar Dutta, learned Senior Counsel for the petitioner, has urged during the hearing that the learned Sub-divisional Judicial Magistrate, Uluberia (hereinafter referred to as Magistrate), while taking cognizance of the alleged offence by his order dated 3-2-1992, had not perused and taken into consideration the documents referred to under Sub-Section (5) of Section 173 of the Code, which should have accompanied the Charge-sheet submitted by the Police in connection with the relevant case.
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