CRR 4383 of 2024 IN THE HIGH COURT AT CALCUTTA Sl.53 CRIMINAL REVISIONAL JURISDICTION Appellate Side Present: The Hon’ble Justice Ajay Kumar Gupta C.R.R. 4383 of 2024 SK. JABED AND ANR. VS. THE STATE OF WEST BENGAL Mr. Soumik Ganguli Ms. Priti Burman …. for the petitioners. Mr. Somnath Adhikary Mr. Supreem Naskar …. for the State HEARD ON : 15.09.2026 JUDGMENT ON : 15.09.2026 UPLOADED ON : 16.09.2026 [IN COURT] Ajay Kumar Gupta, J.: - 1. By filing this Revisional application, the petitioners seek quashing of proceedings being GR Case no. 2149 of 2021, pending before the learned Additional Chief Judicial Magistrate, Contai, arising out of Mandarmoni Coastal Police Station Case no. 71 of 2021 dated 26.10.2021 under Sections 186/188/353/379/506/34 of the Indian 2 CRR 4383 of 2024 Penal Code, 1860, including chargesheet being no. 47 of 2023 dated 31.07.2023 submitted under Sections 186/188/353/379/506/34 of the Indian Penal Code, 1860. 2. The brief facts of the case are that on 26.10.2021, the complainant, SI Abhijit Patra, along with his force, proceeded to verify information received from the Additional Executive Officer, Purba Medinipur Zilla Parishad, vide Memo No. 2304/(1)/II/PMZP/2021 dated 26.10.2021, regarding unauthorized construction activity at the following locations:- 1) Construction spot in the north-west direction of existing Hotel Golden Beach Retreat, 2) Hotel Diamond Glory, 3) Blue Stone Hotel, 4) Sun View, 5) Hotel Sher Bengal, and 6) New construction spot at the east side of Hotel Sea Queen. 3. Upon reaching the said spots, the complainant and his force found construction work in progress. On noticing the Police, the labourers engaged at the sites fled away. The complainant then seized some articles. Thereafter, they proceeded to Star Inn Resort, where too it 3 CRR 4383 of 2024 was found that construction work was in progress. The persons present at the site, on being asked, even failed to produce valid papers/permissions in respect of the said construction. When the complainant attempted to explain to them that the construction was in violation of the Coastal Regulation Zone ("CRZ") Rules, the labourers present became furious and agitated, used abusive language towards the police party, obstructed them from discharging their official/governmental duties, and began pelting stones at the police personnel. As a result, certain police personnel sustained grievous injuries. 4. The complainant thereafter informed the matter to Mandarmoni Coastal Police Station, pursuant to which additional police officers and force arrived at the spot and rescued the complainant's force from the situation. Thereafter, the complainant, along with the other officers, apprehended certain accused persons. The injured police personnel were subsequently taken to Baranrankua B.P.H.C., Balisai. 5. Hence, a suo moto complaint was lodged by SI Patra at Mandarmoni Coastal PS against several persons. After culmination of investigation, a chargesheet was submitted against nine persons, 4 CRR 4383 of 2024 including the present petitioners, in connection with Mandarmoni Coastal PS Case no. 71 of 2021 under Sections 186/188/353/379/506/34 IPC, at which point, prima facie, a case was established against them. 6. Learned counsel appearing on behalf of the petitioners submits that the present petitioners were not named in the FIR. They are innocent and have been falsely implicated in the case. 7. At the time of filing chargesheet, the names of the Petitioners have been generally mentioned, without attributing a specific role to them. It is further submitted that upon perusal of the chargesheet, he came to learn that there was no material against him either in the chargesheet or in the statements of the witnesses. The chargesheet has been submitted in a perfunctory manner against both the petitioners. He prays for quashing of the present proceedings against the present petitioners. Otherwise, they will suffer and be prejudiced if the proceedings are continued against them. The same would be an absolute abuse of the process of law. 8. On the other hand, learned counsel representing the State produces the case diary and, on his usual fairness, submits that their names have appeared in the chargesheet. However, he further submits that, 5 CRR 4383 of 2024 upon careful perusal of the case diary, nothing was revealed therein against the present petitioners. Learned counsel further submits that he had thoroughly perused the statements of witnesses; the names of the petitioners did not transpire even in any such statement. He left the matter to the discretion of the Court. 9. Having heard the learned counsels for the respective parties, and upon perusal of the materials available on record, including the case diary and the statements of the witnesses, this Court finds that the F.I.R. does not disclose any involvement of the present petitioners, nor any iota of material was collected during investigation against the present petitioners. When no material has been collected against the present petitioners, the question of a prima facie case being established under Sections 186/188/353/379/506/34 of the IPC does not arise. 10. In such circumstances, the case of the petitioners falls squarely within Categories (1) and (3) of the seven categories enumerated by the Hon’ble Supreme Court passed in the case of State of Haryana v. Bhajan Lal1. The materials on record, even taken at their highest and most uncontroverted, do not disclose the commission of any 11992 Supp (1) SCC 335 6 CRR 4383 of 2024 offence by the petitioners or make out a case against them, whether one tests the matter on the face of the FIR (Category 1) or on the totality of the evidence collected during investigation (Category 3). To permit the proceedings to continue against the petitioners on such a foundation would amount to an abuse of process of law and would occasion grave and unwarranted prejudice to them. 11. With the above observations, CRR 4383 of 2024 is allowed and disposed of. Connected applications, if any, are, thus, disposed of. 12. Consequently, the proceedings being GR Case no. 2149 of 2021, pending before the learned Additional Chief Judicial Magistrate, Contai, arising out of Mandarmoni Coastal Police Station Case no. 71 of 2021 dated 26.10.2021 under Sections 186/188/353/379/506/34 of the Indian Penal Code, 1860, including chargesheet being no. 47 of 2023 dated 31.07.2023 submitted under Sections 186/188/353/379/506/34 of the Indian Penal Code, 1860 are quashed insofar as the petitioners are concerned. 13. Interim order, if any, stands vacated. 14. Case diary, if any, be returned to the learned counsel for the State. 15. Let the copy of this order be communicated to the Ld. Court below for information. 7 CRR 4383 of 2024 16. All parties shall act in terms of the copy of this order duly downloaded from the official website of this court. 17. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties taking all legal formalities. (Ajay Kumar Gupta, J.) Amalranjan