Calcutta High Court (Appellete Side)
Sk. Reajul Hoque @ Sk. Riajul vs The State Of West Bengal on 17 August, 2023
IN THE HIGH COURT AT CALCUTTA
(Criminal Revisional Jurisdiction)
APPELLATE SIDE
Present:
The Hon'ble Justice Shampa Dutt (Paul)
CRR 2660 of 2019
Sk. Reajul Hoque @ Sk. Riajul
Vs
The State of West Bengal
For the Petitioner : Mr. Syed Nurul Arefin.
For the State : Ms. Sujata Das.
Heard on : 24.07.2023
Judgment on : 17.08.2023
SHAMPA DUTT (PAUL), J.:
1.
The present revision has been preferred praying for quashing of
proceeding of G.R. Case No.274 of 2017 in connection with Uluberia
Police Station Case No.89 of 2017 dated January 28, 2017 under
Sections 147/148/149/186/332/333/353 of the Indian Penal Code,
1860 pending before the court of the learned Additional Chief Judicial
Magistrate, Uluberia.
2. The petitioner's case is that he is a Teacher of Tehatta Balika Prathamik
Vidyalaya.
3. On January 28, 2017, on the basis of a suo motu First Information
Report lodged by one Sri Subrata Bhattacharya, Sub Inspector of Police
attached to Uluberia Police Station, the instant proceeding being
Uluberia Police Station Case No.89 of 2017 dated January 28, 2017
under Sections 147/148/149/186/332/333/353 of the Indian Penal
Code, 1860 was registered for investigation against as many as nine
accused persons including the petitioner herein who was arraigned as
accused no.7 on the allegations to the effect that a communal and
administrative disturbance was going on since last two months in and
around Tehatta High School over the celebration of "Nabi Diwas" by the
Muslim Community students of the said Tehatta High School (hereinafter
referred to as 'said school'). It was further alleged that the Managing
Committee and Teacher-in-Charge of the said school were constantly
raising objection for celebration of "Nabi Diwas", over which many
administrative meetings were held in different offices but no fruitful
result was achieved. On January 28, 2017 at about 6 a.m., without any
prior permission from any authority, Muslim Community students
formed an unlawful assembly in front of the said school. On receiving
such information, police officers along with force reached at Tehatta High
School and found that the Muslim Community students were trying to
celebrate "Nabi Diwas" forcibly within the said School compound. The
police personnel requested them not to celebrate without getting any
order from the appropriate authority but they did not pay any heed.
Thereafter, some outsiders entered into the said school and provoked the
students of Muslim Community of the said school and the police officers
requested all the students and outsiders not to create any communal
disturbance and ultimately at about 14:30 hours the police party
managed to stop the "Nabi Diwas" celebration by the said students inside
the school premises and asked the students to leave the school premises.
But thereafter, some local people again provoked the students and
assaulted the police party with lathi, rod etc., as a result some police
personnel sustained injuries.
4. The investigating agency filed a charge sheet being charge sheet no.554
of 2017 before the Court of the learned Additional Chief Judicial
Magistrate at Uluberia.
5. The petitioner states that he is innocent and in no way connected with
the instant case far less the allegations alleged herein.
6. The petitioner states that being a teacher of the said school on January
28, 2017 he was present on duty at 10:30 A.M to 1:30 P.M and thereafter
on the same day, he was at Panchayat office of Tehatta Kantaberia-II
from 1:40 PM to 7.00 PM engaged in sorting of Digital Ration Card as per
order of Panchayat Pradhan of Tehatta Kantaberia No.II.
7. The petitioner further states that a case under Section 108 of Cr.P.C. was
started against the present petitioner before the Court of the learned Sub
Divisional Executive Magistrate, Uluberia vide NGR Case No.1044 of
2017, when on September 12, 2017 after hearing both the parties, the
said case was dropped against the present petitioner.
8. That the impugned proceeding is completely an abuse of the process of
court and is thus liable to be quashed.
9. The State has placed the case diary.
10. From the materials on record it appears:-
i. That a letter dated 24.04.2017 issued by the Head Master of Tehatta
Balika Prathamik Vidyalaya shows that the petitioner, a permanent
teacher, was present in school on 28.01.2017 (date of occurrence) from
10:30 am to 1.30pm.
ii. Letter dated 24.04.2017 issued by the Pradhan of Tehatta Kantaberia
No. II Gram Panchayat shows that the petitioner an elected member of
Panchayat Samity, Uluberia-II (PS-8) was present in the Panchayat office
for Digital Ration Card sorting on 28.01.2017 from 1.40 pm to 7.00 pm).
iii. Memo No.299/TK-II/GP dated 16.01.2017 of Tehatta-Kantaberia-II
Gram Panchayat shows that the petitioner is a G.P. member and
Assistant Teacher Tehatta Balika Prathamik Vidyalaya and was directed
to attend the Ration Card Distribution came after school hours from
18.01.2017 to 07.02.2017.
11. The alleged time of occurrence as shown in the formal FIR is
between 6 hrs to 16:30 hrs.
12. The petitioner has shown by documents that on 28.01.2017 he was not
present from 10.30 am onwards till 7 pm but no explanation is there
for the period from 6.00 hrs (am) to 10.30 am.
13. Case diary contains injury report in respect of the Police personnel,
who sustained injuries in due course of carrying out their official
duty to maintain law and order.
14. Considering the nature of the offences alleged and materials on record,
there appears a prima facie case against the petitioner to proceed toward
trial.
15. The revisional application being CRR 2660 of 2019 is dismissed.
16. All connected Applications stand disposed of.
17. Interim order if any stands vacated.
18. Let a copy of this judgment be sent to the learned Trial Court for
necessary compliance.
19. Urgent Photostat Certified copy of this Judgment, if applied for, be
supplied expeditiously after complying with all necessary legal
formalities.
(Shampa Dutt (Paul), J.)
