Calcutta High Court (Appellete Side)
Samir Kumar Mukhopadhyay & Ors vs State Of West Bengal & Anr on 29 November, 2013
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1 Form No. J(1) In the High Court at Calcutta Criminal Revisional Jurisdiction Appellate Side Present:
The Hon'ble Justice Ashim Kumar Roy CRR No. 1023 of 2013 With CRAN No. 2304 of 2013 With CRAN No. 2311 of 2013 Samir Kumar Mukhopadhyay & Ors.
-vs-
State of West Bengal & Anr.
For the Petitioners : Mr. Raghunath Adhikary For the State : Mr. Ayan Bhattacharjee For the O.P. No. 2 : Mr. Panchanan Sinha Roy, Mr. Kollol Guha Thakurta, Mr. Aniruddha Sinha Roy Heard on:- 9th October 2013. Judgement on:- 29th November 2013.
Invoking Section 482 of the Code of Criminal Procedure the petitioner has moved this court for quashing of a charge sheet relating to the offences punishable under Section 3(1)(X) of the Schedule Castes and the Schedule Tribes (Prevention of Atrocities ) Act, 1989 arising out of Dhaniakhali P.S. Case No. 142/2012.
Following are the grounds agitated before me in support of the prayer for quashing:-2
(a) In the FIR it was never alleged that the present petitioners are belonging to higher caste.
(b) There is nothing to show that any incident was taken place within the public view.
(c) The Annexure "P-1" to this main criminal revisional application goes to show that at that particular point of time the petitioners were present at the school and not at the place of occurrence. .
So far as the first point is concerned, the learned Counsel for the petitioners has not disputed that his clients are Brahmin and belongings to a higher caste. Therefore, on the face of the aforesaid facts even if no allegation has been made that the petitioners' are belongings to a higher caste that cannot be a ground for quashing. Furthermore, going through the case diary and the relevant materials collected during the investigation and referred to me by the learned counsel for the State, it cannot be said that alleged incident was never taken place within the public view. Whether those allegations are true or false that is a matter to be decided during the trial. Similarly, the last point which is a plea of alibi indisputably a pure question of fact and cannot be gone into in this criminal revision without full-fledged trial.
This criminal revision has no merit and accordingly stands dismissed.
3
In the light of the aforesaid order, the CRAN Nos. 2304 of 2013 and CRAN No. 2311 of 2013 stand disposed of.
Criminal Section is directed to deliver urgent Photostat certified copy of this order to the parties, if applied for, as early as possible.
(Ashim Kumar Roy, J.) pk