R.K.BAG,J. - (1.) The petitioners - Rudranil Ghosh, Parambrata Chattopadhyay, Srijit Mukherjee and Jishu Sengupta have challenged the order dated February 26, 2016 passed by Learned Chief Judicial Magistrate, Alipore and prayed for quashing of the criminal proceeding in connection with Complaint Case No.C-827 of 2016 pending before the Court of Learned Chief Judicial Magistrate, Alipore by preferring two separate revisional applications being CRR No.1204 of 2016 and CRR No.1212 of 2016. Similarly, the said petitioners have also challenged the order dated 26.02.2016 passed by Learned Chief Judicial Magistrate, Alipore and prayed for quashing of the criminal proceeding in connection with Complaint Case No.C-826 of 2016 pending before the Court of Learned Chief Judicial Magistrate, Alipore by filing two separate revisional applications being CRR No.1205 of 2016 and CRR No.1213 of 2016. Both the criminal prosecutions were initiated against the petitioners and others at the instance of the complainant/opposite party no.2 (hereinafter referred to as the complainant) and the allegations made in the petitions of complaint arose out of the same incident and as such all the revisional applications can be disposed of by this common judgement.
(2.) The backdrop of all the revisional applications is as follows: The complainant is a graduate in International Relations and Political Science from Jadavpur University in West Bengal and works for gain at Eros International in Mumbai in the capacity of creative producer. The petitioner Srijit Mukherjee (hereinafter referred to as the petitioner Srijit) was the host of "Talk Show" by name "Shonge Srijit" in the television channel "Colour Bangla" and he belongs to the group of common friends of the complainant. The petitioner Rudranil Ghosh (hereinafter referred to as the petitioner Rudranil) and the petitioner Parambrata Chattopadhyay (wrongly described as Chatterjee and hereinafter referred to as the petitioner Parambrata) were invited as guests to the said "Talk Show" on December 21, 2015 in the television channel "Colour Bangla." Both the petitioners Parambrata and Rudranil are good friends of the complainant for more than one decade. The petitioner Jishu Sengupta (hereinafter referred to as the petitioner Jishu) was the Producer and Director of the "Talk Show" named "Shonge Srijit" and he was responsible for day-to-day affairs and activities of the said "Talk Show" both in the capacity of Director as well as Producer of the said television programme.
(3.) The contents of the petition of complaint filed by the complainant before the Court of Learned Chief Judicial Magistrate disclose that on December 21, 2015 at 9:00 p.m. the petitioner Srijit was making conversation with the petitioners Parambrata and Rudranil by casting aspersion on the character and reputation of the complainant and by subjecting the complainant to "sexual harassment" in the television programme by name "Shonge Srijit." By referring to one mannequin as Rituparna Chowdhury (the complainant) the petitioner Srijit ascertained from both the petitioners - Parambrata and Rudranil that they were in love with her for which she would be immortalised in history. Both the petitioners Rudranil and Parambrata used metaphors and described how they enjoyed playing cricket in the play ground of Eden though the play ground Eden did not allow them to play cricket at a time, while one played in the morning, another played in the evening. Again, by using metaphor the petitioner Parambrata laughingly explained that he was not serious in love though he entered the bus knowing that the bus is crowded with passengers and having no place to sit on and ultimately he came to learn from the petitioner Rudranil that he was serious in love and the infatuation of petitioner Parambrata was temporary. 4. According to the complainant, the conversation of the petitioner Srijit with the petitioners - Parambrata and Rudranil was sexual innuendo which comes within the ambit of "sexually coloured remarks" and thereby the complainant was subjected to sexual harassment. The further case made out by the complainant in another petition of complaint is that all the petitioners and other accused persons have intentionally made derogatory remarks against the complainant, by which the prestige and reputation of the complainant is lowered down in the eye of her friends and common people, as the complainant belongs to the same profession to which the petitioners also belong. It is alleged that the complainant was ridiculed by his friends and members of the family and the conversation of the petitioners in the "Talk Show" amounts to defamation with common intention which is punishable under the law. The complainant filed two separate petitions of complaint before the Court of Learned Chief Judicial Magistrate, Alipore. Learned Chief Judicial Magistrate examined the complainant and her witnesses and considered the petition of complaint and the compact disc (DVD) annexed to the petition of complaint and formed the opinion that prima facie case is made out for issuance of summons against the petitioners and some other accused persons for the offence punishable under Sections 354A (1) (iv)/34 of the Indian Penal Code and also for the offence punishable under Sections 500/34 of the Indian Penal Code by passing two separate orders on February 26, 2016 in C-826 of 2016 and C-827 of 2016 respectively. The petitioners have challenged the said orders passed by Learned Chief Judicial Magistrate and prayed for quashing of the above two criminal prosecutions initiated by the complainant. ;