VISHAL KUMAR MALLICK @ VISHAL MALLICK Vs. STATE OF WEST BENGAL
LAWS(CAL)-2025-1-22
HIGH COURT OF CALCUTTA
Decided on January 20,2025

Vishal Kumar Mallick @ Vishal Mallick Appellant
VERSUS
STATE OF WEST BENGAL Respondents


Referred Judgements :-

RENU KUMARI VS. SANJAY KUMAR [REFERRED TO]


JUDGEMENT

SUVRA GHOSH,J. - (1.)The petitioners have sought quashing of proceedings of G.R. Case no. 427 of 2024 pending before the Learned Additional Chief Judicial Magistrate, Sealdah, South (24) Parganas.
(2.)Learned counsel for the petitioners has submitted that the FIR was lodged by the private opposite party in his personal capacity though he has used his official seal in the complaint which is not permissible. Though charge sheet has been submitted against the petitioners under Sec. 341/332/353/323/324/427/114 of the Indian Penal Code read with sec. 3 of The PDPP Act, the seizure list witnesses have not been made witnesses in the charge sheet. The witnesses examined under sec. 161 of the Code of Criminal Procedure in course of investigation are employees of the private opposite party and have supported his cause for obvious reasons. The injury reports do not make out an offence under sec. 323324 of the Indian Penal Code. No specific overt act has been attributed to each of the petitioners. False and frivolous allegations have been thrust upon the petitioners only to wreck vengeance against them as a counterblast to the complaint lodged by the petitioners against the private opposite party and others. Petitioners no. 1 to 4 were granted bail by the learned Trial Court with an observation that the complainantprivate opposite party cannot be termed as a public servant in terms of sec. 21 of the Indian Penal Code. Over and above all, the charge sheet does not reflect the crime committed by each accused and what is the material evidence available in the file.
(3.)Learned counsel has placed reliance in the authorities in Sharif Ahmed and Another vs. State of Uttar Pradesh and Another reported in 2024 Supreme Court Cases OnLine SC 726 and Mahmood Ali and Others vs. State of Uttar Pradesh and Others reported in 2023 INSC 684 in support of his contention.


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