RAJESH KUMAR KANOI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Petitioner in the instant writ petition has questioned the complaints being Annexure P-3 and prayed for quashing the same.

(2.) None has appeared on behalf of the private respondent complaint. On behalf of the State respondents, an affidavit-in-opposition has been affirmed on behalf of the learned Public Prosecutor, High Court.

(3.) It is the contention of the petitioner that the fundamental rights under articles 14 and 21 of the Constitution have been infringed by the impugned action of the complaint being lodged by the private respondent and the learned Magistrate directing the Police authorities to conduct investigation in respect thereof. Petitioner, it is stated is working as teacher in English at Junior Oxford Bilingual School, Dongguan, People's Republic of Chine. On account of the false complaint registered against the petitioner during the period when the petitioner was working as and is presently also working as non-resident Indian in Peoples Republic of China, the employment of the petitioner would be affected and the petitioner is denied the right to travel abroad. Reliance has been placed by the petitioner upon annexure P-2 to substantiate the said contention. Petitioner came to learn of the aforesaid criminal cases lodged with the Madarihat Police Station case Nos. 30 of 2002, 45 of 2002, 50 of 2002 and 51 of 2002. On and from December 7, 2001 till petitioner arrived in India on January 22, 2003, he has been in abroad. It is contended that the complaint lodged by the petitioner pertains to the said period when the petitioner was abroad and, therefore, no case is made out against the petitioner for being proceeded against in a Criminal Court based upon the said complaint.