JUDGEMENT
SIDDHARTHA CHATTOPADHYAY,J. -
(1.) All the above mentioned revisional applications stem from the same G.R. Case No. 286 of 2005 and arose from the same F.I.R. So with the consent of the
parties those are head analogously. Be it mentioned, that the de-facto
complainant and witnesses are same but the accused petitioners have different
roles. Keeping in view the said aspect, these revisional applications are disposed
of separately but by a single judgment.
(2.) The petitioners herein challenged the legality and validity of the proceedings of G.R. Case No. 286 of 2005, in which case the police has submitted charge-sheet in connection with Dum Dum P.S. Case No. 57 dated 17.02.2005.
(3.) According to the petitioners, pursuant to the F.I.R. the Investigating Officer has taken up investigation of the said case and made these petitioners as accused in the said case. They categorically submitted that their names are not figured in the F.I.R. The F.I.R. has specifically bears the name of Hanuman Jain, Laltu Das, Kelo and Narayan and his higher links. The said F.I.R. does not bear the name of the accused petitioners. At the time of hearing, the learned Counsel further contended that the alleged incident took place, according to the complainant, at 18 Shyam Nagar Road, Calcutta - 700 015. The complainant's main grievance is such that he was asked to put his signature in a blank paper on 16.02.2005 by the accused persons and it was in the office of one Laltu Das. The alleged incident occurred at or about 1:00 PM and he has undergone treatment at Medical College and Hospital on the same day at or about 7:45 PM. The said injury reports speaks that the incident occurred at or about 5:00 PM on 16.02.2005 inside the houses bearing No. 6 or 7 Jessore Road. At the time of mentioning the history of injury, the patient stated that he was assaulted by Hanuman Jain with 4/5 persons. Significantly enough, the complainant did not specifically say who are the assailants. Although in the F.I.R. he has mentioned four names. These petitioners' name was neither in the F.I.R. nor in the injury report.;
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