Shivakant Prasad, J. - (1.) This revisional application was directed against the order dated 16.4.2014 passed by the Additional District & Sessions Judge, 18th Court, Alipore in Criminal Motion No. 439 of 2012 setting aside the order dated 22.8.2012 passed by the learned Judicial Magistrate, 9th Court, Alipore in case No. C - 11369 of 2011.
(2.) After filing the said suit, on 23.01.2007 and on 13.2.2007 the petitioner's uncle Sri Prantosh Mukherjee and his cousin brother Sri Snehasish Mukherjee received two notices from the learned Sub -Divisional Magistrate, Alipore Sadar. From the said two notices, police officers of Kasba Police Station filed two reports being Kasba Police Station P.R. No. 864 of 2006 and 867 of 2006 dated 30.12.2006 and 02.11.2006 respectively and prayed for issuance of proceedings under Sec. 107 of the Code of Criminal Procedure against the said two persons namely the petitioner's said uncle and his said cousin brother. The said two reports were filed purportedly on the basis of two Kasba Police Station G.D.E. Nos. 2136 and 1986 dated 29.10.2006 and 27.10.2006 respectively. The said police report dated 30.10.2006 was forwarded under D.R. No. 8051/2006, whereas the police report dated 02.11.2006 was forwarded under D.R. No. 3808/2006.
(3.) On 05.02.2007 the Sub -Divisional Magistrate, Alipore initiated a proceeding under Sec. 107 of the Code of Criminal Procedure against the petitioner on the basis of a police report being Kasba Police Station P.R. No. 1005/2006 dated 28.12.2006. It is contended that General Diary leading to filing of the said police report was on the same day i.e. on 28.12.2006 under entry No. 2128 and a certified copy of the said police report dated 28.12.2006 wherefrom it appeared that without any specific allegation, police implicated the petitioner in the said case.;