Smt. Anupama Chowdhury And ORS. v. The State Of West Bengal

25.01.2024 Ct. No. 29 S.D.

C.R.M.(A) 42 of 2024 In Re:- In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Rajarhat Police Station Case No. 249 of 2023 dated 28.08.2023 under Section 448/323/506/509/34 of the Indian Penal Code and Sections 3(1)(r/3(2)(Va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

And In Re : Smt. Anupama Chowdhury & Ors.

...... petitioners Mr. Supriya Chattopadhyay Ms. Debosri Chatterjee ...for the petitioners Mr. Shekhar Barman ...for the State Affidavit of service filed in Court be taken on record. None appears for the defacto-complainant despite service. Police are proceeding inter alia under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

We are conscious of the bar under Section 18 of the Act, 1989. We perused the police complaint in view of the bar under Section 18 of the Act.

We find from the complaint that the defacto-complainant alleges utterance of words offensive to the caste of the defactocomplainant, to the hearing of the public by the petitioners. Consequently, we find the present application to be not maintainable.

C.R.M. (A) 42 of 2024 is disposed of accordingly. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)