Heard learned counsel for the applicants and learned A.G.A. for the State.
The present petition under Section 482 Cr.P.C., has been filed for quashing the charge sheet dated 14.12.2009 arising out of Case Crime No. 434 of 2009, Case No. 779 of 2009, under Section 307 I.P.C., Police Station Mursana, District Mahamaya Nagar as well as for quashing of summoning order dated 16.12.2009.
It is contended by learned counsel for the applicants that the applicants and opposite party no.3 are business rival and the opposite party no.2 and 4 are the employees of the opposite party no.3. and on account of the business rivalry, the opposite party no.3 have falsely implicated the applicants in Case Crime No. 115 of 2008 under Sections 323, 504, 506, 427, 325 I.P.C., registered at Allahabad, in which, police submitted the final report. It is further contended that F.I.R. was lodged on 15.11.2009 of the alleged incident, in which the opposite party no.2 sustained injuries, copy of which is anexed as Annexure- 31 to the petition. Learned counsel for the applicants has also filed supplementary affidavit today in the Court, which is taken on record wherein he has filed certificate of the Officer Incharge of Police Station Posta, District Kolkata certifying that the applicant no.2 was present at Kolkata and had reported to the concerned police station on 14.11.2009 and 15.11.2009 and Alok Kumar Chaudhary and Varish Chaudhary had left for Cuttack on 14.11.2009 and it is thus contended that criminal prosecution of the applicants at the behest of the opposite party no.3 is bad in law. It is next contended that the applicants are respectable persons who have been falsely implicated at the behest of the oppposite party no.3 on account of business rivalry which cannot be sustained in law.
Issue notice to opposite parties no. 2, 3 and 4 returnable within a period of four weeks. Steps be taken within a week.
Learned A.G.A. prays for and is granted four weeks' time for filing counter affidavit. Opposite parties no. 2, 3 and 4 may also file counter affidavit within the same period. As prayed by learned counsel for the applicants two weeks' thereafter, is granted for filing rejoinder affidavit.
List immediately after expiry of the aforesaid period before appropriate Court.
Till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case.
Order Date :- 18.1.2010 S.Ali