Calcutta High Court (Appellete Side)
Md. Jamal & Anr vs The State Of West Bengal & Anr on 6 December, 2022
06.12.2022
Court No.35
Item No. 12 CRR 1502 of 2016
D.Hira
Md. Jamal & Anr.
Vs.
The State of West Bengal & Anr.
Mr. Arindam Jana,
Mr. Arnan Sengupta,
Ms. Mallika Manna.
... for the petitioners
In this revision, the petitioners have challenged the entire
proceedings in connection with Adra Police Station Case No. 9 of 2016
dated 26.01.2016 under Sections 195A/341 of the Indian Penal Code,
the connected G.R. Case No. being 39 of 2016.
The factual background in brief would be that the petitioners
being the accused persons in an earlier case under Section 302 of the
Indian Penal Code has been alleged to have subjected the opposite party
no. 2 to intimidation and threat for withdrawal of the said previous case
against them. It is alleged that the opposite party no. 2 has been
threatened by the accused persons/petitioners to depose falsely in
Court, in connection with the said previous case.
On the allegations as above, the present case was lodged on 26th
January, 2016 and was registered as Adra Police Station Case No. 9 of
2016 dated 26.01.2016 under Sections 195A/341 of the Indian Penal
Code.
The petitioners have challenged the entire proceedings thereof on
the ground that the Adra Police Station Case No. 9 of 2016 dated
26.01.2016 under Sections 195A/341 of the Indian Penal Code is only a
malicious proceeding against them substantiated with no cogent
grounds.
It is further submitted that the continuance of the said criminal
proceedings against them would amount to misuse of the process of
Court and de hors the settled legal principles.
On the ground as above, the petitioners have prayed for
quashment of the entire proceedings as mentioned above.
Today when the matter is called on, the opposite parties including
the State are not represented.
From the affidavit-of-service filed in Court on behalf of the
petitioners, it appears that the opposite parties have been notified vide
letter dated 17th November, 2022. The service is found to be complete
and let the affidavit-of-service be kept with the record.
In absence of the opposite parties, it is presumed that they have
no argument to offer in Court in connection with this case.
Mr. Jana, learned Advocate for the petitioners have handed over
the copy of the judgment of the Sessions Court at Purulia in Sessions
Case No. 284 of 2015 and submitted that the case against the present
petitioners under Section 302 of the Indian Penal Code along with the
relevant Sections of Arms Act has ended into acquittal of the accused
persons.
Hence, it is submitted that the present case has actually lost its
relevance.
It is for consideration of the Court, if the proceedings initiated
against the petitioners would be subjected to an order of quashment or
not. This Court is to look into the fact whether any strong prima facie
case is maintained against him or from the materials available against
him, whether the case lodged against him would suffer from the
attributes like malice or mala fide intention. For this, one may resort to
the celebrated judgment of State of Haryana & Ors. vs. Bhajanlal &
Ors. reported in 1992 Supp. (1) Supreme Court Cases 335 in which
the Hon'ble Supreme Court has categorized the criteria for
consideration of a revision Court while deciding upon the question of
continuance of a proceedings in the Trial Court against the accused
persons.
In this matter, I find that the basic ingredients of offence under
Section 195A/341 of the Indian Penal Code are not available against the
petitioners.
From the records and documents annexed with the petition itself,
it appear that the prima facie of those are not available to construe
existence of convincing and sufficient materials to proceed against the
petitioners. It would be beneficial to take into account the subsequent
development in the case that is acquittal of the accused
persons/petitioners in the previous case under Section 302 of the
Indian Penal Code being Sessions Case No. 284 of 2015.
All these prompt me to find that there shall be no cogent reasons
to proceed against the petitioners in this case any further.
It is also held that further proceedings in this case would be an
abuse of the process of the Court, in view of the fact of absence of any
cogent and tangible materials against the petitioners so far as the
offence alleged against him is concerned.
On the ground as above, I do not find any reason to decline
petitioners' prayer.
Hence, the revision being 1502 of 2016 is allowed.
Let the proceedings in the Trial Court in connection with Adra
Police Station Case No. 9 of 2016 dated 26.01.2016 under Sections
195A/341 of the Indian Penal Code, the connected G.R. Case No. being
39 of 2016 be quashed and set aside.
All pending applications, if any, are consequently disposed of.
All parties shall act on the server copies of this order duly
downloaded from the official website of this Court.
(Rai Chattopadhyay, J.)
