Shajda Shahin And Others v. State Of West Bengal And ANR

11.3.2025 Sl.16 Nandita Court No.40

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction Appellate Side CRR 4302 of 2024 Shajda Shahin & Ors.

Vs.

The State of West Bengal & Anr.

Mr. Kunal Ganguly, .... For the Petitioners Ms. Amita Gaur, Sr.Govt. Adv.

Ms. Suchismita Dutta.

.... For the State Affidavit-of-service filed on behalf of the petitioners be kept with the record.

This is an application filed under Section 482 read with Section 401 of the Code of Criminal Procedure, 1973 /Section 528 read with Section 442 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying for quashing of proceeding in connection with Burdwan Police Station Case No. 192 of 2024 dated 10.02.2024 under Sections 323/325/380/448/34 of the Indian Penal Code, 1860 as well as the Charge-Sheet No. 200/2024 dated 29.02.2024 pending before the Court of Learned Chief Judicial Magistrate, Purba Bardhaman, corresponding to G.R. Case No. 746 of 2024.

Heard the learned Counsel for the parties.

Perused the Case Diary.

There is no incriminating element against the petitioner no.3, who is a lady aged about 71 years old. Therefore, the prosecution as well as the charge-sheet against the present petitioner no. 3 is hereby quashed.

However, there are incriminating elements against the petitioner nos. 1 and 2, Therefore, the Charge-Sheet and the prosecution is not quashed at this stage.

However, the learned Trial Court shall consider the issues at the time of consideration of charge without being influenced by this order.

Copy of this order may be sent to the Learned Chief Judicial Magistrate, Purba Bardhaman.

Petitioner no. 3 is released from the bail bond. The instant revisional application stands disposed of. Case Diary be returned to the learned Counsel for the State.

Urgent certified photocopy of this order, if applied for, shall be supplied to the parties upon compliance of all necessary formalities.

(Sugato Majumdar, J.)