( 1 ) THIS revisional application has been preferred by the petitioner praying for quashing the criminal proceeding being G. R. Case No. 278 of 1998 which arose out of Balagarh P. S. Case No. 29 dated 5. 3. 98 and for setting aside the order of the learned Sub-Divisional Judicial Magistrate (in short the S. D. J. M.) dated 7. 2. 04 taking cognizance of the offence.

( 2 ) MR. Joymalya Bagchi, the learned Advocate for the petitioner submitted that concerning incident dated 5. 3. 1998 there were case and counter case. The Balagarh P. S. Case No. 28 dated 5. 3. 98 was registered on the basis of written complaint/f. I. R. lodged by Badsha Hossain, husband of the petitioner as the accused persons seriously assaulted the husband of the petitioner and made attempt to murder him. After completing investigation in the said case charge-sheet has been submitted under sections 148,149, 448, 325, 326, 341 and 307 of the Indian Penal Code (in short the I. P. C.) against several accused persons including Ansar Ali, the de facto complainant of Balagarh PS. Case No. 29 dated 5. 3. 98. In the counter case being Balagarh P. S. Case No. 29 dated 5. 3. 98 the alleged offences were under Sections 147,14

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