Calcutta High Court (Appellete Side)

Dr. Sujoy Biswas vs State Of West Bengal & Anr on 16 August, 2023

                     IN THE HIGH COURT AT CALCUTTA
                       Criminal Revisional Jurisdiction
                             APPELLATE SIDE

Present:

The Hon'ble Justice Shampa Dutt (Paul)



                               CRR 2365 of 2022

                                        With

                                   CRAN 3 of 2023

                                   Dr. Sujoy Biswas

                                         Vs.

                          State of West Bengal & Anr.



For the Petitioner              :       Mr. Sourav Chatterjee,
                                        Ms. Snigdha Ghosh,
                                        Mr. Shivam Saha.



For the State                  :        Mr. Madhusudan Sur, ld. APP,
                                        Mr. Dipankar Paramanick.


For the Opposite Party         :        None.
No. 2


Heard on                           :   20.07.2023

Judgment on                    :       16.08.2023

Shampa Dutt (Paul), J.:

1.

The present revision has been preferred praying for quashing of the

criminal proceeding being Manicktala Police Station Case No. 259 of 2019

dated August 10, 2019 under Sections 341/323/506 of the Indian Penal

Code, 1860 corresponding to G.R. Case No. 2074 of 2019 pending before

the Court of the Learned Additional Chief Judicial Magistrate, Sealdah.

2. The petitioner's case is that the petitioner is a Doctor by profession.

Being a righteous and vigilant member and resident of the Society

'Vivekananda Samabaya Abashan Samity Ltd.', 202 and 203 Manicktala

Main Road, Kolkata-700 054, the petitioner like his father had all along

protested against all illegal activities including misappropriation and

embezzlement of funds of the Society and corrupt practices adopted by

opposite party no. 2 and his coterie since 2012. Since then he became a

target for bodily harm, threats, abuses and false criminal cases by the

opposite party no. 2 and the coterie in order to perpetrate their illegal

activities.

3. The father of the petitioner Baidyanath Biswas since deceased on 2020

was a member of 'Vivekananda Samabaya Abasan Samity Limited'

(hereinafter referred to as the said Society) at 202, Manicktala Main Road,

Flat-14, Police Station-Manicktala, Kolkata-700 054 and former Secretary

of the said Society.

4. The opposite party no. 2 has been residing in the said Society and being

an aged person and an advocate has always maintained influence over

other members of the Society and thus continued to remain Secretary of

the Society for a prolonged period contrary to law and as such had to

resign/was expelled from the post of Secretary of the Society in 2012 due

to complaint from the end of the petitioner as he had been running an

illegal board and committing irregular and unlawful acts by mis-

representing, mis-leading and alluring other innocent members of the

Society. As such the opposite party no. 2 in collusion with other members

of the Society harassed the petitioner time and again as he had protested

against any kind of mal practice/corruption in the administration of the

said Society. As such, the petitioner has to face many serious

consequences due to personal vendetta against the petitioner at the

instance of the opposite party no. 2 and/or his deputed other members in

the said Society. Till now the opposite party no. 2 being a lawyer by

profession is exerting influence to regulate the business and affairs of the

said Society in unlawful manner.

5. The Board of the said Society had been dissolved by State Government

due to defalcation of fund with appointment of administrator on

19.06.2018 and the tenure of administrator has been extended every six

months till date to look after the affairs of the Society in accordance with

law. Since the introduction of Administrator by State Government on

19.06.2018, the opposite party no. 2 is guilty of non-payment of

maintenance charges of the Society willfully in order to obstruct the

functioning of administrators and interested to take control of the Society

in unlawful manner by collecting service charges from the residents

without any authority of law behind the back of administrators to look

after the affairs of the Society illegally. As such the said opposite party no.

2 had hatched up conspiracy, with the members of the said Society

including senior members who have vested interest, against the petitioner

who raised voice against any such wrong doings by them. Out of such

personal vendetta, the petitioner was falsely implicated in the

manufacturing of false criminal case by the opposite party no. 2. The

complaint in G.R. Case No. 856 of 2013 under Section 509 of the IPC,

1860, was made out and corrected by opposite party no. 2 in his own hand

in the name of Malabika Ghosh, the complainant in the said case. The

case ultimately culminated in the acquittal of the petitioner by judgment

dated 16.11.2021 passed by the learned Chief Judicial Magistrate, 2nd

Court, Sealdah.

6. Even with regard to day to day affairs of the said Society, the opposite

party no. 2 had played a pivotal role in collusion with other members of

the Society as a result of which the petitioner had to raise his voice on

behalf of his aged ailing father at his instance. In fact, opposite party no. 2

was pursuing a personal vendetta in a preplanned manner along with

other residents using especially female members of the residents, seeking

vengeance for the loss of the post of Secretary and also the dissolution of

the Board of the Society for defalcation of fund and appointment of

administrator.

7. As an outcome of continuing ill relation with the opposite party no. 2,

out of his personal vendetta against the petitioner, the opposite party no. 2

lodged a complaint with Manicktala P.S. on August 10, 2019 on the basis

of fabricated incident regarding grass cutting, inciting a provocative action

consisting of breach of peace as he had no right to do so, as there was an

administrator to look after the affairs of the Society, the basis of which a

Criminal Case was registered against the petitioner being Manicktala P.S.

Case No. 259 of 2019 under Sections 341/323/506 of the Indian Penal

Code being G.R. Case No. 2074 of 2019 and in the said case the

Investigating Officer without conducting proper investigation submitted

charge sheet against the petitioner.

8. The petitioner had also lodged a complaint against the opposite party

no. 2 and his associates with the Deputy Commissioner of Police (ESD)

Kolkata-700 010 on 13th August, 2019, the delay being due to his ailing

aged father of 85 years of age at that time, and he was the only one to look

after him. On the basis of the said complaint, a case was registered against

the opposite party no. 2 and other members on 19th August, 2019, when

he again complained to Manicktala Police Station on 18.08.2019.

9. A case was registered against the opposite party no. 2 and other

associates being Manicktala P.S. Case No. 269 dated August 19, 2018

under Sections 341/323/506/114 of the Indian Penal Code being G.R.

Case No. 2167 of 2019 before the Learned Chief Judicial Magistrate,

Sealdah. After investigation in the case, the Investigating Officer filed a

charge sheet.

10. Mr. Sourav Chatterjee, learned counsel for the petitioner has

submitted that the purported complaint on the basis of which the present

criminal case being Manicktala Police Station Case No. 259 of 2019 dated

August 10, 2019 under Sections 341/323/506 of the Indian Penal Code,

1860 has been registered and is pending in the Court of the Learned

Additional Chief Judicial Magistrate, Sealdah being G.R. Case No. 2074 of

2019 and later filing of the charge sheet by the Investigating Officer was an

outcome of personal vendetta of opposite party no. 2 seeking vengeance for

loss of Secretaryship and later dissolution of the Board of the Society by

State Government and appointment of Administrator. As such, impugned

criminal proceeding which had been initiated and culminated in the

charge sheet cannot continue any further which will be nothing but an

abuse of process of law and as such, the purported criminal proceeding

being G.R. Case No. 2074 of 2019 is liable to be quashed.

11. It is submitted that there is a counter case and a revisional application

being No. CRR 3464 of 2019. The revisional application has been

dismissed for default for non appearance of the opposite party herein. The

petitioner in the present revision is the opposite party in revision CRR

3464 of 2019. Both the revisions had been referred for mediation. The

report dated 23.06.2023 of the learned Mediator is as follows:-

"Today date fix for mediation. In spite of service, opposite parties in CRR 3464 of 2019 are not present. No accommodation is prayed for. This is the second occasion when the O.Ps in CRR 3464/2019 are not appeared. Let the matter referred back to the referral Court."

12. Mr. Madhusudan Sur, learned counsel for the State has placed the

case diary.

13. From the materials on record including the case dairy it appears

that:-

i) The complainant is a 85 years old resident of the same co-operative

society.

ii) The medical papers in respect of the opposite party/complainant in the

case diary include an injury report dated 10.08.2019, which shows that

on examination, the doctor found pain and swelling over the left

cheekbone.

iii) It has been noted by the learned Mediator that the opposite party in

CRR 3464 of 2019 (the petitioner in this revision) has failed to appear for