Daya Kisan Jangra v. State Of West Bengal And ORS.

23.02.2023

IN THE HIGH COURT AT CALCUTTA

Item No.11 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 863 of 2021 Daya Kishan Jangra & Ors.

versus The State of West Bengal & Anr.

In Re: An Application under Section 482 of the Code of Criminal Procedure, 1973.

Mr. Malay Bhattacharya, Ms. Sangita Jangra, Ms. Sudipa Sengupta ... For the Petitioners.

Md. Anwar Hossain, Ms. Sreyashee Biswas ... For the State.

This revisional application has been preferred challenging the continuance of Liluah Police Station Case No. 222 of 2017 under Sections 341/323/406/420/506/34 of the Indian Penal Code pending before learned Chief Judicial Magistrate, Howrah.

The investigating authorities on completion of investigation, submitted charge-sheet under the same Sections. The investigating authorities while submitting charge-sheet relied upon seven witnesses which included two police officers and five other witnesses. The five other witnesses are CSW-1 - complainant Navin Kumar J. Jangra, CSW-2 - Mrityunjoy Singh, CSW-3 - Ansh Rai, CSW4 - Anil Bahadur Darjee and CSW-5 - Sangeeta Jangra. Mr. Hossain, learned advocate appearing for the State produces the case diary.

On perusal of the same, I find that the case was initiated on the basis of letter of complaint addressed to the Officer-in-Charge, Liluah Police Station by Navin Kumar J.

Jangra. There is a statement of one Sangeeta Jangra, CSW-5. Except the same, there is nothing available in the case diary. Even if the statement of CSW-5 is taken into consideration, it reflects that the present case is a counterblast pursuant to the complaint lodged with the police station for which Liluah Police Station Case No. 280 of 2010 dated 24.11.2010 was registered under Sections 498A/406/323/506/504/34 of the Indian Penal Code. The specific contention in the statement recorded under Section 161 of the Code of Criminal Procedure is that the Liluah Police Station Case No. 222 of 2017 has been initiated for wreaking vengeance in respect of the case initiated at the instance of CSW-5.

I do not find from the contents of the said statement recorded under Section 161 of the Code of Criminal Procedure that the lady at all has supported the prosecution case and unnecessarily she has been cited as a witness by the investigating officer. Having regard to the nature of the allegations made in the letter of complaint and the materials collected by the investigating agency, I am of the opinion that no case has been made out for asking the present petitioners to face the ordeal of a criminal trial.

Accordingly, all further proceedings arising out of Liluah Police Station Case No. 222 of 2017 dated 25.08.2017 under Sections 341/323/406/420/506/34 of the Indian Penal Code pending before the learned Chief Judicial Magistrate, Howrah including the charge-sheet filed therein are hereby quashed.

The revisional application being CRR 863 of 2021 is, thus, allowed.

All pending connected applications, if any, are consequently disposed of.

Case diary be returned to Mr. Hossain, learned advocate for the State.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)