MD.MUMTAZ KHAN, J. - (1.) The complainant, Biswajit Halder filed a petition of complaint before the learned Chief Judicial Magistrate, South 24 Parganas at Alipore against the petitioners alleging that on September 14, 2011 while he was undertaking a repairing job in respect of tin shed of his shop-cum-go down situated at 31 B, Pratapaditya Road, P.S-Tallygunge, Kolkata-700026 by replacing the old and dilapidated tin shed by a new tin shed and had engaged one labour namely Tarak Purkait then all of a sudden the petitioners went to the spot and started creating pandemonium therein and also started assaulting the said labour Tarak Purkait who was doing his job standing on a wooden ladder by a wooden stick and also kicked the bottom of the ladder as a result the said labour fell down and sustained injuries on his person. Petitioners while leaving the spot forcibly removed one wooden ladder, four pieces of tin and a cycle belonging to the complainant and his family members amounting to Rs. 10,000/- (rupees ten thousand) only. Tarak Purkait was removed to M.R. Bangur Hospital where he was treated and discharged. Incident was reported to the Tallygunge police station but no action was taken, hence the complaint.
(2.) The said complaint was thereafter, transferred to the court of learned Judicial Magistrate, 3rd Court, Alipore who after examination of the complaint and on perusal of the documents on record found sufficient materials to proceed against the petitioners under Sections 323/379/34 IPC and accordingly issued summon for their appearance.
(3.) The petitioners/accused persons have challenged the proceedings of the entire complaint case No. C-9832 of 2011 with a prayer for quashing of the proceeding of the said complaint case.;