Indrajit Sarkar And Others v. State Of West Bengal And ANR

10.12.2025 Ct. No.42 D/L 1 Mujahid CRR 3290 of 2024 Indrajit Sarkar & Ors.

Vs.

The State of West Bengal & Anr.

Mr. Md. Wasim Akram ...for the petitioner Mr. Anand Keshri Mr. Santanu Talukdar ...for the State 1.

Learned counsel for the State has filed the report of Inspector-in-Charge of Gazole P.S., District - Malda dated 8th December, stating therein that de facto complainant/victim has duly been notified.

2.

Report submitted by the State be kept with the record. 3.

The present petition is for quashing of proceeding of POCSO Case No. 97/2022 arising out of Gazole P.S. Case No.386 of 2022 dated 23rd May, 2022 under Sections 417/376/506/34 of the IPC. After investigation the charge-sheet was filed under Sections 417/376/506/34 of the IPC and Section 6 read with Section 17 of the POCSO Act. 4.

The petition for quashing was filed by the principal offender Kunal Chatterjee and his relatives, bearing CRR No.2676 of 2022. Learned coordinate Bench of this Court vide

order dated 7th May 2024 quashed the proceedings qua the other petitioner except the principal offender Kunal Chatterjee. Principal offender Kunal Chatterjee aggrieved of this filed SLP Criminal No.7004 of 2025. The Apex Court vide order dated 29th July, 2025 was pleased to quash the proceedings against principal offender Kunal Chatterjee also.

5.

The petitioners herein are staff of the hotel 'EENNRA' were allegedly principal accused Kunal Chatterjee used to take the de facto complainant/victim. Admittedly the petitioners were not name in the FIR.

6.

Taking into account and facts and circumstances that the proceedings have already been quashed against the principal offender Kunal Chatterjee by the Apex Court vide order dated 29th July, 2025 and the proceedings against other co-accused have already been quashed by the coordinate Bench of this Court in CRR No.2676 of 2022 qua the other co-accused. 7.

The court considers that there would be no purpose of continuing with the proceedings against present petitioners. The de facto complainant has chosen not to appear despite being duly notified.

8.

In the facts and circumstances, all the proceedings arising out of POCSO Case No. 97/2022 arising out of Gazole P.S. Case No.386 of 2022 dated 23rd May, 2022 under Sections 417/376/506/34 of the IPC stands quashed.

9.

Accordingly, CRR 3290 of 2024 stands disposed of.

10.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Dinesh Kumar Sharma, J.)