DEBI PROSAD DEY, J. - (1.) This is an application under Section 482 of the Code of Criminal Procedure for quashing of the First Information Report filed in Balurghat Police Station Case No. 458 of 2017 dated 07.11.2017 corresponding to G.R. Case NO. 1281 of 2017 under Sections 195A, 214, 506, 120B and 34 of the Indian Penal Code pending before the court of the learned Chief Judicial Magistrate, Balurghat, Dakshin Dinajpur.
(2.) Learned Senior Advocate Mr. Anindya Mitra appearing on behalf of the petitioner submits that on a plain reading of the First Information Report, there is absolutely no material against the present petitioner to establish at least prima facie any case against the present petitioner. Mr. Mitra takes me through the First Information Report and submits that mere apprehension of the present petitioner has resulted lodgment of the First Information Report against the present petitioner and there is absolutely no material in the First Information Report to rope in the present petitioner in the case under reference.
(3.) Mr. Mitra further submits that in view of specific bar as contemplated under Section 195 of the Code of Criminal Procedure registration of First Information Report under Section 195A of the Indian Penal Code is contrary to the provisions of Section 195 of the Code of Criminal Procedure and accordingly the First Information Report ought to be quashed. Mr. Mitra further prays for stay of further proceeding pending before the court of the learned Chief Judicial Magistrate, Balurghat, Dakshin Dinajpur in respect of the present petitioner only.;