28.07.2026 Court No.237 ML 473 Sudipta CRR 1847 of 2026 Akash Roy & Ors. Vs. The State of West Bengal & Anr. Mr. Robiul Islam Mr. K. M. Hossain …for the petitioners. Affidavit of service filed on behalf of the petitioners be kept with the record. Neither the State nor the opposite party no. 2 is represented. The present revisional application has been filed praying for quashing of the criminal proceedings culminating in Charge Sheet No. 175 of 2025 dated 16 July 2025 under Sections 137(2), 140(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, arising out of Khandaghosh Police Station Case No. 543 of 2024 dated 1 December 2024, corresponding to G.R. No. 6126 of 2024, initially registered under Sections 137(2), 140(3) and 61(2) of the Bharatiya Nyaya Sanhita, 2023, and presently pending before the Court of the Learned Chief Judicial Magistrate, Purba Bardhaman. The de facto complainant, who is the father of the victim, alleged that his minor daughter, aged about 16 years and 9 months, left her residence on 29 November 2024 2 without informing any member of the family. Despite making diligent efforts to trace her whereabouts, he was unable to locate her. Subsequently, he came to learn from local residents that petitioner no. 1, the son of petitioner no. 2, had enticed away the victim to the residence of petitioner no. 2. On the basis of the said complaint, Khandaghosh Police Station Case No. 543 of 2024 dated 1 December 2024 was registered. Upon completion of the investigation, the Investigating Agency submitted Charge Sheet No. 175 of 2025 against the petitioners under Sections 137(2), 140(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. It appears that, upon submission of the charge sheet, cognizance has been taken by the learned jurisdictional Magistrate. Learned counsel appearing for the petitioners submits that the allegations levelled against the petitioners are false and baseless. It is contended that the victim declined to undergo medical examination and had voluntarily left her parental home. It is further submitted that, following her recovery, the Child Welfare Committee directed that she be kept in a shelter home, from where she was subsequently restored to the custody of her parents. Learned counsel further submits that the statement of the victim recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023, would reveal that the victim had, in fact, levelled allegations against her parents. It is, 3 therefore, contended that no material has been collected during the course of the investigation to implicate the petitioners in the alleged commission of the offences. This Court is of the view that it is an admitted position that the victim was a minor at the relevant point of time. The charge sheet cites as many as six witnesses. At this stage, there is no scope for this Court to examine or appreciate the defence of the petitioners. Since the FIR and the charge sheet, prima facie, disclose the commission of the alleged offences, this Court is not inclined to undertake an appreciation of the evidence in the exercise of its revisional jurisdiction. The FIR and the consequential criminal proceedings cannot be quashed unless there exists unimpeachable material of sterling quality enabling this Court to conclude that the allegations are inherently untenable or that the prosecution is manifestly unsustainable. In view of the aforesaid, this Court is not inclined to entertain the present revisional application. Accordingly, CRR 1847 of 2026 stands dismissed. Needless to observe, this order shall not preclude the petitioners from raising all such contentions as may be available to them in accordance with law before the learned 4 Magistrate or the learned Trial Court at the appropriate stage of the proceedings. Urgent Photostat certified copy of this order be given to the parties, if applied for, upon compliance of all necessary formalities. (Kausik Chanda, J.)