Binoy Roy vs Unknown on 25 April, 2022

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Calcutta High Court (Appellete Side)

Binoy Roy vs Unknown on 25 April, 2022

Bench: Jay Sengupta

Court No.
39
                               C.R.R. 1188 of 2022
Item 66
Ssi
                                In the matter of:- Binoy Roy
25.04.
2022


                               Mr. Rajdeep Mazumder
                               Mr. Moyukh Mukherjee
                                                ...for the petitioner




                  This   is   an   application    for   quashing   of   a

            proceeding in which a FIR was lodged under Section

            323, 341, 354, 506 and 34 of the Indian Penal Code.

                  Learned counsel appearing on behalf of the

            petitioner submits as follows. The petitioner is an

            employee of the Railway Protection Force. After getting

            instructions from his superiors, the petitioner and

            others went to vacate the premises belonging to the

            Railways wherein an encroachment had been done by

            local miscreants. An altercation ensued. About 100-200

            miscreants attacked the petitioner and others. The

            petitioner was constrained to file a FIR being Basirhat

            Police Station Case No. 152 of 2022 dated 19.03.2022,

            which corresponds to GR Case No. 1002 of 2022.

            However, surprisingly a back-dated FIR was created

            being the present Basirhat Police Station Case No. 151

            of 2022 dated 18.03.2022 and it was alleged that the

            petitioners had illegally unlawfully assaulted the
                       2




informant and others mentioned in the said FIR. This

FIR corresponds to GR Case No. 1027 of 2022, which is

much later in time than the corresponding GR case no.

for the petitioner's case. In fact, the case records of this

particular G.R. Case were received by the Court on

22.03.2022

. No prima facie case is made out against the petitioner as would be evident from a plain reading of the charge-sheet and the First Information Report. Any further continuation of the impugned proceeding shall be an abuse of the process of Court.

Let the petitioner serve a copy of this application upon the State through the learned Public Prosecutor and upon the opposite party no.2 by speed post with acknowledgment due, within a week. An affidavit of service to that effect shall be filed on the next date of hearing.

Let this matter appear as a "Contested Application" one week after the ensuing "Summer Vacation".

The impugned proceeding shall remain stayed for a period of three weeks after the ensuing "Summer Vacation".

The State shall produce both the case diaries of Basirhat Police Station Case Nos. 151 of 2022 and 152 of 2022 on the next date of hearing. 3

Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.

(Jay Sengupta, J.)

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Calcutta High Court (Appellete Side)