Pawan Kumar Agarwal And ORS v. The State Of West Bengal And ANR

10.06.2025 Serial no. 3 [G.S.D] CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

CRR 238 of 2025 In the matter of : Pawan Kumar Agarwal & Ors. ... Petitioner(s) Mr. Sandip Mondal Mr. Amit Saha ... for the petitioner(s) Mr. Nilay Chakraborty, ld. APP Mr. Abhijit Sarkar ... for the State-respondent(s) The petitioner is directed to serve a copy of this revisional application upon Mr. Nilay Chakraborty, learned advocate, who ordinarily appears on behalf of the State. Mr. Nilay Chakraborty is entitled to have a junior of his choice. The appointment of both Mr. Chakraborty and the junior of his choice, if any, be regularized by the concerned authority. The present revisional application has been preferred for quashing of Matigara P.S. Case No. 65 of 2025 dated 30.01.2025 which was registered for investigation under Sections 85/304(2)/115(2) of the BNS, 2023 on the basis of the information furnished by the o.p. no.2, namely, Ruchi Singhal against her husband and in-laws.

Learned advocate submits that there are no serious accusations against the in-laws who are aged and they have been falsely implicated in connection with the instant case. Further, it has been submitted that the parents-in-law were thrown out from the house and pursuant to the directions passed by the Hon'ble High Court, their possession has been restored. It is the informant/o.p. no.2 who is trying to distort the provisions of law to her own advantage. Mr. Chakraborty, learned advocate, appears on behalf of the State, opposes the contentions advanced by the petitioner and submits that the investigation of the case is still in progress and the police authorities are yet to take final decision on the issues relating to complicity of each of the accused persons along with the merits of the FIR which has been registered.

Having regard to the stage of the case, I am of the view that the truth and/or falsity of the accusations, at this stage, cannot be interfered with by this Court by way of invoking the inherent jurisdiction.

However, the petitioner would be at liberty to approach this Court after the police authorities submits their report under Section 193 of the BNSS.

With the aforesaid observations, CRR 238 of 2025 is disposed of.

Pending application(s), if any, is also disposed of.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

(Tirthankar Ghosh, J.)