27.07.2026 Sl. No.15 Ct. No.237 S.A. CRR 2488 of 2026 Nirmal Kumar Lunawat - vs- The State of West Bengal & Anr. Mr. Ayan Bhattacharya Mr. Rachit Lakhmani Mr. Mosarat Reyaz …for the petitioner Mr. Kallol Kumar Mondal Mr. Koustav Lal Mukherjee …for the State Ms. Sonal Agarwal …for opposite party no.2 The present case arises out of a complaint lodged by the Executive Engineer of the Kolkata Metropolitan Development Authority (KMDA). At the relevant point in time, the petitioner was one of the Directors of Forum Projects Private Limited, the promoter of the project known as "Atmosphere – A High-Rise Residential Condominium." The relevant portion of the complaint is reproduced below: “Sub: Lodging complaint against “Atmosphere- a high rise residential condominium” for damaging the service road beside Science City & Ambedkar bridge by discharging waste water & dumping building materials. Sir, This is to bring to your kind notice that the above mega project authority is damaging the service road constructed by KMDA and taken up for development under the State Govt. Scheme. They are found yesterday (15th Sep’14) dumping building materials in bulk directly over the road, which has been shown to the OC-Traffic Guard, Tiljala. This kind of misdeed is requested to be treated with due seriousness and proper/appropriate cases may be lodged for damaging govt. properties under your good 2 office at the earliest. In case you need matter may be ventilated to the Pollution Control Board for violation of the norms as well. Your kind and prompt action in this is hereby solicited.” Pursuant to the aforesaid complaint, Pragati Maidan Police Station Case No. 489 of 2014, dated 4 November 2014, was registered under Section 427 of the Indian Penal Code, 1860. Upon completion of the investigation, the police submitted a charge sheet on 19 January 2016. The present application has been filed seeking quashing of the said criminal proceeding. From the materials collected during the course of the investigation, it does not appear that the Investigating Agency gathered any prosecutable material against the petitioner. The statements recorded by the police during the investigation do not attribute any role to the petitioner in the alleged incident. On the contrary, the materials suggest that it was the petitioner who took the necessary steps to prevent the flow of wastewater onto the surface of the service road maintained by KMDA. In view of the aforesaid facts and circumstances, this Court is of the considered opinion that the continuation of the present criminal proceeding against the petitioner would amount to an abuse of the process of law. The petitioner ought not to be compelled to undergo the rigours of a criminal trial in the absence of any incriminating material. Indeed, no evidence was collected against him during the course of the investigation. 3 Accordingly, the criminal proceeding arising out of Pragati Maidan Police Station Case No. 489 of 2014 is hereby quashed insofar as the petitioner is concerned. It is placed on record that, as a gesture of goodwill, the petitioner has voluntarily issued a cheque for a sum of Rs.1,00,000/- in favour of KMDA. The said cheque has been handed over to Ms. Sonal Agarwal, learned Advocate, who had earlier represented KMDA in the present matter. This Court requests Ms. Agarwal to deliver the said cheque to the competent authorities of KMDA within 48 hours from the date of this order. It is further observed that the amount covered by the cheque should, as far as practicable, be utilized by KMDA for developmental purposes. Accordingly, CRR 2488 of 2026 is disposed of. Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings. (Kausik Chanda, J.)