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2003 Supreme(Cal) 320

DEBIPRASAD SENGUPTA
SANKARAN MOITRA – Appellant
Versus
SADHANA DAS – Respondent


Advocates Appeared:
ARUP CHATTERJEE, Biplab Dey, DEVIPRIYA MITRA, DILIP DUTTA, Subhasish Roy, SUDIPTA MOITRA

D. P. SENGUPTA, J.

( 1 ) IN the present application the petitioner has come up for quashing of the proceeding being case No. C-1107 of 2001 under sections 302/201/120b/109 of the Indian Penal Code.

( 2 ) THE allegation made in the petition of complaint is that on 10th May, 2001 during Assembly Election the husband of the complaint, being a supporter of a particular political party, was engaged in distributing food packets to the polling agents in a booth situated at Subhas Sarobar (Beliaghata Lake ). When the complaint was returning after casting her vote at about 2. 15 p. m. she found that a Tata Sumo car was proceeding in a high speed by waving a red cloth. She also found a crowd there and she came to know from them that police had severely assaulted her husband Topi Das with lathi as a result of which her husband became unconscious and was removed to hospital. On further enquiry she came to know that her husband was assaulted by the police with lathi on his head by the Officer-in-charge of the Phoolbagan Police Station and one Moitrababu, previous Officer-in-charge of the said Police Station at about 2. 00 p. m. without any reason. The complainant also came to know that her hu














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