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Judgment
Jay Sengupta, J
This is an application for quashing of a proceeding in GR Case No.4750 of 2018 pending before the learned Chief Judicial Magistrate, Paschim Midnapur corresponding to Debra Police Station Case No.710 of 2018.
Learned Counsel appearing on behalf of the petitioners submits as follows. A First Information Report was lodged against the petitioners. Subsequently a summon was issued upon the accused under Sections 323, 341, 354, 506 read with Section 34 of the Code of Criminal Procedure. The petitioners are absolutely innocent and have been falsely implicated in the instant case out of previous grudge. The impugned proceeding was actuated by malice.
I have heard the submissions of the learned Counsel appearing for the petitioners and have perused the revision petition.
The truthfulness or falsity of an allegation cannot be decided in an application under Section 482 of the Code. Disputed questions of fact can be agitated only at the time of trial.
In this application no question of law has been raised. The petitioners' claim that the case was a false one and that the petitioners have been implicated due to previous grudge can only be adjudicated during trial.
A prima facie case seems to be otherwise made out as would be evident from a plain reading of the First Information Report.
In view of the above, I find no merit in the present application.
Accordingly, the same is dismissed.
However, there shall be no order as to costs.
The petitioners shall be at liberty to raise all the points taken up in the revisional application at an appropriate stage before the learned Court below.
Urgent Photostat certified copy of this order, if applied for, may be supplied to the learned Advocates for the parties, upon compliance of all formalities.