Calcutta High Court (Appellete Side)
Shalek Sk @ Salek Sk. And Another vs The State Of West Bengal & Anr on 2 August, 2022
Form J(1) IN THE HIGH COURT AT CALCUTTA
Criminal Revisional Jurisdiction
Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri
CRR 2295 of 2022
Shalek Sk @ Salek Sk. and Another
Vs.
The State of West Bengal & Anr.
Mr. Angshuman Chakraborty
...for the petitioner
Item No.135 ML
Heard & Judgment on: 02.08.2022
Bibek Chaudhuri, J.
The petitioners are the accused persons in respect of Sankrail
Police Station Case No.374 of 2021 and 375 of 2021 dated 29 th March,
2021. They have prayed for quashing of F.I.R. No.375 of 2021 on the
ground that over the self-same incident one Champa Sasmal lodged a
written complaint in the same police station. On the basis of which
Sankrail Police Station Case No.374 of 2021 was registered.
Therefore, the case arising out of second F.I.R. may be quashed.
On perusal of the written complaint and formal FIR in Sankrail
Police Station Case No.374 of 2021 it appears that the de facto
complainant alleged, inter alia, that when she was taking water from
the tube well situated in front of their house, the petitioners along
with other accused persons abused her with filthy language.
Subsequently, the accused persons committed criminal trespass into
the house of the de facto complainant, physically assaulted the
daughter of the sister-in-law of the de facto complainant. They also
assaulted one Kaberi Sasmal and abused them taking the name of
their caste. Thus, the place of occurrence in respect of Sankrail Police
Station Case No.374 of 2021 is inside the house of the de facto
complainant.
On the other hand, Sankrail Police Station Case No.375 of 2021
was registered on the basis of a written complaint submitted by one
Amit Sasmal alleging, inter alia, that when he was taking water on
29th March, 2021 at about 3 P.M. from the tube well in front of their
house, the accused persons abused him, assaulted him causing
bleeding injury on his left eye. When his brother, mother and
brother's son rushed to the spot to save him, they also assaulted him
and abused them in the name of their caste. Thus, place of
occurrence in respect of both the cases are different.
However, it is found that the incident alleged in Sankrail Police
Station Case No.374 of 2021 is the continuation of the alleged
incident that took place on the date and time of occurrence in front of
the tube well situated near the house of the de facto complainant.
It is submitted by the learned advocate on behalf of the
petitioner that in respect of Sankrail Police Station Case No.375 of
2021, police submitted a charge sheet against the accused persons.
Under such circumstances, the Officer-in-charge, Sankrail Police
Station is directed to conclude investigation of Sankrail Police Station
Case No.374 of 2021 at the earliest.
The learned Chief Judicial Magistrate, Howrah is directed to tag
both the charge sheets in respect of the above numbered cases
instituted against the petitioner and conclude the trial in one and
composite hearing.
With the above direction the instant criminal revision is disposed
of.
(Bibek Chaudhuri, J.)
