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2026 DAILYLAW 38683 (CAL)

SURYA NARAYAN BHATTACHARYA v. THE STATE OF WEST BENGAL

CRR/4678/2025 · 2026-08-31

Kausik Chanda

body2026

Judgment text

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31.08.2026 Sl. No. 1wt.2 Ct. No.237 S.A. CRR 930 of 2025 + CRAN 5 of 2026 Subhasish Bandyopadhyay & Ors. -vs- The State of West Bengal & Anr. with CRR 4678 of 2025 Surya Narayan Bhattacharya -vs- The State of West Bengal & Ors. Mr. Sudipto Moitra Mr. Siddhartha Bhattacharyya Mr. Amitava Pal Ms. Shamolima Sarkar Mr. Asis Laha …for the petitioner nos.2 to 7 in CRR 930 of 2025 Mr. Mr. Sabyasachi Banerjee Mr. Anirban Dutta Mr. Ayan Mondal …for the petitioner in CRR 4678 of 2025 Mr. Mr. Sabyasachi Banerjee Mr. Anirban Dutta Mr. Ayan Mondal …for O.P. No.2 in CRR 930 in 2025 Mr. Sudipto Moitra Mr. Siddhartha Bhattacharyya Mr. Amitava Pal Ms. Shamolima Sarkar Mr. Asis Laha …for opposite party nos.2 to 7 in CRR 4678 of 2025 Ms. Debisree Adhikary …for O.P. No.9 in CRR 930 in 2025 Mr. Kallol Mondal Mr. Subir Ganguly Mr. Sandeep Prasad Shaw …for the State This present application has been filed seeking quashing of the proceedings in G.R. Case No. 35 of 2024, pending before the learned Chief Judicial Magistrate, Barasat, North 24 Parganas, arising out of FIR No. 02/24 dated January 4, 2024, registered at Technocity Police Station under Sections 406, 342, 352, 336, 448, 511, 504, 506, 120B 2 and 34 of the Indian Penal Code, 1860, and the charge-sheet filed in connection therewith, being Charge Sheet No. 25/24 dated February 29, 2024, under Sections 342, 352, 336, 448, 511, 504, 506 and 34 of the Indian Penal Code, 1860. It appears that the petitioners and Opposite Party No. 2 are members of the apartment complex known as Uniworld City Welfare Association. A complaint was lodged by Opposite Party No. 2 alleging, inter alia, certain financial irregularities on the part of the petitioners, who were members of the Board of the Association at the relevant point of time. Opposite Party No. 2 alleged irregularities in the management of the puja fund, common maintenance funds, and excess payments made to the security agencies entrusted with providing security arrangements for the properties of the society. The complaint also contained allegations regarding the manhandling of members by the security agency. Upon completion of the investigation, the Investigating Agency submitted a charge-sheet under Sections 143, 342, 353, 506 and 34 of the Indian Penal Code, 1860. However, the allegations relating to the alleged manhandling of the members of the society did not find place in the charge-sheet. Thereafter, the de facto complainant filed a protest petition before the learned Magistrate, which came to be rejected. Aggrieved by the said order, CRR 4678 of 2025 has been filed. It further appears that Petitioner No. 5 lodged a complaint against Opposite Party No. 2 alleging, inter alia, criminal intimidation. The said complaint was registered as Techno City Police Station Case No. 197 of 2023 dated October 11, 2023, under Sections 143, 342, 352, 506 and 34 of the Indian Penal Code, 1860. 3 Upon completion of the investigation, the Investigating Agency submitted a charge-sheet in the said proceeding. Challenging the aforesaid proceeding, the accused persons therein filed an application being CRR 4101 of 2024. The said application is presently pending before a Co-ordinate Bench of this Court. This Court, upon perusal of the charge-sheet and the other materials available on record in connection with G.R. Case No.35 of 2024, is of the view that the dispute is essentially one relating to the management and administration of the aforesaid association, namely, Uniworld City Welfare Association. There is no incriminating material collected during the course of investigation by the Investigating Agency which would justify the continuance of the present criminal proceeding. In view of the aforesaid, I am of the considered view that the continuation of the present criminal proceeding would serve no useful purpose. Accordingly, CRR 930 of 2025 is allowed by quashing G.R. Case No.35 of 2024. Consequently, no further order is called for in CRR 4678 of 2025. Accordingly, CRR 4678 of 2025 is also 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.)