SAUMITRA KHAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner has sought quashing of proceeding being G.R. case no. 471 of 2023 pending before the learned Additional Chief Judicial Magistrate, Bishnupur, Bankura on the ground that he has been falsely implicated after switch of political allegiance on 9/1/2019.

(2.) Learned counsel for the petitioner has submitted that thirteen criminal cases have been foisted against the petitioner from January, 2019. In the present case, though charge sheet has been submitted under Sec. 143/189/323/332/353/354A/505(1)/500/506/509/109/34 of the Indian Penal Code, the said offences have not been made out either in the complaint or during investigation. The charge sheet demonstrates that on-duty police personnel were pushed by the mob as a result of which two constables fell on the ground and sustained minor injuries. The FIR is an abuse of the process of law and the proceeding has been maliciously instituted with an ulterior motive to wreck vengeance against him since he is a member of the rival political party.

(3.) Referring to Articles 105 and 194 of the Constitution of India, learned counsel has emphasised on the right to speech of the petitioner who was addressing the women of a self-help group on the relevant date and was neither member of an unlawful assembly, nor was indulging in provocative speech which may have led to mob unrest resulting in breach of peace and tranquillity. The petitioner has only raised his voice against the high-handed attitude and conduct of the Inspectorin-charge, Sonamukhi Police Station and had no personal or political vendetta against him. The FIR was lodged at an unexplained delay of a couple of days. The Inspector-in-charge was not present at the place of occurrence at the relevant time and though he is the person aggrieved in this case, the complaint was lodged before him.