1. The present revision application has been preferred under
Section 482 of Code of Criminal Procedure (hereinafter
referred to as CrPC) assailing the proceeding of G.R.(s) case
No. 64 of 2024 arising out of Shakespeare Sarani Police
Station Case No. 10 dated 15.01.2024 under Sections
341/504/506/34 of the Indian Penal Code (hereinafter
referred to as IPC) presently pending before the Court of Ld.
Chief Metropolitan Magistrate, Calcutta.
2. The genesis of the impugned prosecution is a letter of
complaint lodged at the behest of the opposite party no. 2
with the officer-in-charge, Shakespeare Sarani Police Station
alleging inter alia that in terms of the notice dated November
09, 2023 issued by the building society namely „Saraswati
Niket Owners Society‟, the opposite party no. 2 along with
others attended the Annual General Meeting (hereinafter
referred to as AGM) on December 3rd, 2023 in the community
hall of the said building society and questioned the members
and officer bearers of the Managing Committee to
substantiate the details with relation to the profit and loss
account. Upon hearing the same, the petitioners allegedly
turned extremely furious and hurled objectionable comments
and filthy abuses and even threatened to assault the
opposite party no. 2. It was further alleged that opposite
party no. 2 was even threatened with disconnection of
essential services like lift, supply of electricity and other
common services. The petitioners allegedly further stated
that they shall soon start disturbing the peaceful usage of
the said flats and also misbehave and restrict and restrain
their callers, visitors, guests from entering the said building.
In furtherance with their common intention, thereafter the
opposite party no. 2 was forcefully restrained and prevented
by the petitioners from making any comment in the
attendance sheet of the AGM. In such view, a letter of
complaint was filed with a request to the police to take
immediate action against the accused persons and upon
receipt of such complaint a purported preliminary inquiry
was conducted vide report dated 15.01.2024 and accordingly
a specific case was indexed as Shakespeare Sarani Police
Station Case No. 10 dated 15.01.2024 under Sections
341/504/506/34 of IPC against the petitioners and in
course of investigation notice was served under Section 91 of
the CrPC upon the complainant and relevant documents
were seized as well as statement of witnesses under Section
161 of the CrPC were recorded in connection with the case.
Upon completion of investigation, report in final form was
submitted before the Ld. Chief Metropolitan Magistrate,
Calcutta against all the FIR named accused persons vide
Shakespeare Sarani Police Station charge sheet no. 43 of
2024. However, all the accused persons in the interregnum
period surrendered before the Ld. Magistrate and were
enlarged on bail. Being aggrieved with the impugned
proceeding, the petitioners have preferred the instant
revision with a prayer for exercise of inherent jurisdiction.
Argument advanced:-