Calcutta High Court (Appellete Side)
Rup Mongal Mondal vs The State Of West Bengal on 2 July, 2025
Item 02.07. IN THE HIGH COURT AT CALCUTTA
No. 2025 CRIMINAL REVISIONAL JURISDICTION
74 APPELLATE SIDE
Ct 32 CRR 2262 of 2024
rup Mongal Mondal
Vs.
The State of West Bengal
Mr. Amal Kumar Banerjee ... for the petitioner.
Mr. Arijit Ganguly,
Mr. Sujoy Sarkar. ... for the State.
1.
Both the learned counsel appearing on behalf of the
parties to this revisional application are present.
2. The instant revisional application has been filed with a
prayer for quashing the proceeding in connection with
G.R. Case No. 257 of 2023 corresponding to Gosaba
Police Station Case no 10 of 2023 dated 18.01.2023
under Sections 447/ 448/ 341/ 323/ 325/ 307/35A/
379/506 and 34 of the Indian Penal Code.
3. Learned counsel appearing on behalf of the petitioner
has drawn my attention to the FIR and tried to impress
that FIR did not disclose any cognizable offence. He has
further submitted that there is a long standing civil
dispute between the parties which is still pending.
4. Learned counsel appearing on behalf of the petitioner
has further referred to the statement recorded under
Section 161 of the Code of Criminal Procedure.
5. In opposition to that learned counsel appearing on behalf
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of the State has relied on the evidence recorded under
Section 161 of the Code of Criminal Procedure as well as
medical examination reports.
6. After going through the written complaint addressed to
the officer-in-charge of Gosaba Police Station, I find that
on 18.01.2023 at about 4.30 P.M. one incident of assault
took place wherein de facto complainant sustained injury
and was treated by the Doctor. On submission of the
written complaint before the concerned police station, a
case was registered as Gosaba Police Station Case no 10
of 2023 dated 18.01.2023 under Sections 447/ 448/
341/ 323/ 325/ 307/35A/ 379/506 and 34 of the
Indian Penal Code.
7. During investigation, the witnesses including Doctor
were examined by the Investigating Officer and injury
reports were also collected in course of investigation.
8. After careful perusal of the entire contents of the written
complaint lodged before the police station as well as
evidence collected during investigation, I find that
cognizable offence has been disclosed in the written
complaint which was ratified by the witnesses examined
under Section 161 of the Code of Criminal Procedure.
9. Therefore, at this stage, I find no reason to exercise the
power under Section 482 of the Code of Criminal
Procedure by quashing the proceeding.
10. As a sequel, the instant revisional application stands
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dismissed.
11. Urgent photostat certified copy of the order, if applied
for, be given to the parties on usual undertakings.
12. All parties shall act on the server copy of this order
duly downloaded from the official website of this Court.
(Bibhas Ranjan De, J.)