Calcutta High Court (Appellete Side)
Prithwijit Dalal & Anr vs The State Of West Bengal & Ors on 6 March, 2025
Author: Suvra Ghosh
Bench: Suvra Ghosh
06.03.2025
rc/ct.no.34
Item No.176
CRR No. 876 of 2024
Prithwijit Dalal & Anr.
Versus
The State of West Bengal & Ors.
Md. Shamimuddin
Sk. Samiul Haque ...for the Petitioner
Mr. Debasish Roy
Ms. Sreyashee Biswas ...for the O.P.
Affidavit of service filed on behalf of the petitioners is taken
on record.
None appears for the private opposite party despite service.
Heard learned counsels for the parties.
Perused the Case Diary.
The petitioners seek quashing of ACGR Case No. 5016 of
2023 presently pending before the learned Additional District
Judge, 1st Court, Alipore South 24 Parganas and registered as
Special Case No. 64 of 2023 primarily on the ground that the
allegation under the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989 do not lie against them since
the petitioners belong to the Other Backward Classes (in short,
"OBC"). The allegation made against the petitioners are general
and omnibus and no prima facie case has been made out against
them during investigation.
Learned counsel for the State produces the Case Diary and
opposes the prayer.
2
I have considered the submissions made on behalf of the
parties in the light of the material available in the Case Diary.
Charge sheet has been submitted against the petitioners and
others under Section 509/504/506/114 of the Indian Penal Code
and Sections 3(1)(r)/(s)/(z)/(za)/(E)/(zc) of the Scheduled Castes
and Scheduled Tribes (Prevention of Atrocities) Amendment Act,
2015 (hereinafter referred to as "the Act of 2015"). Since the
petitioners belong to the OBC, allegations under the Act of 2015
do not lie against them.
The main thrust of the allegation against the petitioner is
under the Act of 2015. The other allegations under Section
509/506/504
of the Indian Penal Code are general and omnibus
in nature. It appears from the statements recorded under Section
161 of the Code of Criminal Procedure that there is a dispute
between the petitioners and the private opposite party with regard
to the parking of the petitioners’ car in one of the garages of the
building where the private opposite party owns a flat.
On perusal of the Case Diary, it appears that no prima facie
material under Section 509/506/504/114 of the Indian Penal
Code has transpired against the petitioners. The evidence
collected during investigation has not lent support to the
prosecution case.
In view of the above, this Court is inclined to hold that
allowing the proceedings to continue shall be an abuse of the
process of the Court.
CRR No. 876 of 2024 is allowed.
3
ACGR Case No. 5016 of 2023 presently pending before the
learned Additional District Judge, 1st Court, Alipore South 24
Parganas and registered as Special Case No. 64 of 2023 be
quashed qua the petitioners.
The petitioners be set at liberty at once and discharged from
their bail bonds.
It is made clear that the proceedings shall continue against
the other accused.
Case Diary be returned.
Urgent certified website copy of this order, if applied for, be
supplied to the parties upon compliance with all requisite
formalities.
(Suvra Ghosh,J)