ASHA ARORA, J. - (1.) Affidavit of service be kept on record.
(2.) An order dated November 7, 2016 passed by the learned Additional Chief Judicial Magistrate, Bidhannagar, North 24-Parganas in G.R. Case No. 463 of 2016 arising out of Bidhannagar (East) Police Station Case No. 48 dated June 3, 2016 under Sections 341/325/506/34 of the Indian Penal Code has been assailed.
(3.) The backdrop of the matter is that after conclusion of investigation of the above mentioned case, the Charge-sheet was filed against one of the accused namely, Rabindranath Bhattacharjee, the opposite party no.2 herein. The Investigating Officer prayed for discharge of the co-accused Ramkrisna Ghosh, the opposite party no.3 herein, for want of sufficient evidence. After receiving the report of investigation in final form the learned Additional Chief Judicial Magistrate passed the following order on August 5, 2016 : "Received C/s no. 49/16 dated 29.07.16 under section 341/325/506 IPC. Against accd. Rabindranath Bhattacharjee. Perused the documents as forwarded by the police under section 173 Cr.P.C. Cognizance is taken. Accd Rabindranath Bhattacharjee is on Court bail. Another accd. Ramkrishna Ghosh is not sent up in C/S. Issue notice upon the D/Complainant. To 05.10.16 for S/R." ;