Calcutta High Court - Jalpaiguri
Bimal Gurung & Anr vs The State Of West Bengal & Anr on 7 November, 2025
7.11.2025 18 SB Ct. no. 3 Calcutta High Court In the Circuit Bench at Jalpaiguri CRR 509 of 2025 Bimal Gurung & Anr.
Vs. The State of West Bengal & Anr.
Mr. Janardan Periwal ...for the Petitioners This is an application wherein the petitioners have prayed for quashing the criminal proceeding in connection with Karseong police station case no. 143 of 2018 dated 11.8.2018 under Section 419/465/468/471/474 of the IPC corresponding to G.R. case no. 181 of 2018 which is pending before the learned Additional Chief Judicial Magistrate, Karseong.
Learned counsel for the petitioners submits that an FIR was lodged on 1st August, 2018 by one Rabindra Subba alleging inter alia that few days back, he came to know from a newspaper reporting that one Miss Annapurna Gurung, daughter of petitioner, Bimal Gurung did her schooling from his school impersonating Nanda Gurung, daughter of Purna Bahadur Gurung in the year 2004.
On the basis of aforesaid written complaint, the investigation started in the year 2018 but no final report has yet been filed by the Investigating Agency. He further submits 2 that the offence if any, may be against one Miss Annapurna Gurung who allegedly claimed to be Miss Nanda Gurung, in the year 2004 but even then the petitioner no. 1 and petitioner no. 2, who is wife of petitioner no. 1 cannot be fastened with any criminal liability unless the prosecution brings any prima facie case against the petitioners. The petitioners are not beneficiary in any manner whatsoever of the alleged crime if any, committed by said Annapurna @ Nanda Gurung. Therefore, continuance of further proceeding against present petitioners will be a mere abuse of the process of the court and as such, the proceeding is liable to be quashed.
Having heard learned counsel for the petitioners, the application is admitted.
Petitioners are directed to serve a copy of the application upon the State through the office of the Public Prosecutor in the Circuit bench at Jalpaiguri and private opposite party no. 2 through speed post intimating the next date of hearing and to file affidavit of service on the returnable date.
Let the matter appear before the next available Circuit Bench.
(Dr. Ajoy Kumar Mukherjee, J.)