- (1.) The petitioner has challenged the order dated January 18, 2012 passed by learned Additional Chief Judicial Magistrate, Alipore, South 24 Parganas, in BGR Case no.242 of 2011 arising out of Basanti Police Station Case no.10 of 2011 dated January 9, 2011 under Sections 302/34 of the Indian Penal Code read with Sections 25/27 of the Arms Act by filing the revision under Section 401 read with Section 482 of the Code of Criminal Procedure.
(2.) It appears from the materials on record that on January 9, 2011, the petitioner, being the defacto complainant, filed a written complaint before the Officer -in -Charge of Basanti Police Station, on the basis of which Basanti Police Station Case no.10 of 2011 dated January 9, 2011 came into existence. The police investigated the said criminal case and submitted charge -sheet before the court of learned Magistrate on July 4, 2011 disclosing offence under Sections 302/34 of the Indian Penal Code against five accused persons. By the said charge -sheet, the Investigating Officer prayed for discharging the opposite party nos.2 to 7 from the said criminal case for want of evidence to prosecute them. Learned Magistrate took cognizance of the offence on July 17, 2011. Subsequently, the petitioner filed a petition of complaint before the court of learned Magistrate praying for further investigation of the said case. On January 18, 2012, learned Magistrate refused to give direction for further investigation of the criminal case as prayed by the petitioner and rejected the application filed by the petitioner.
(3.) The said order passed by learned Magistrate on January 18, 2012 is under challenge in the instant revision.;