21.9.2026 03. BD CRR 4083 of 2025 Priyargha Saha @ Akash Vs. The State of West Bengal & Anr. Mr. Imtiaz Ahmed Ms. Ghazala Firdaus Ms. Laboni Choudhury Ms. Smita SAha Md. Arsalan …for the petitioner Mr. Ramasish Mukherjee Mr. Harshit Jaiswal …for the State Private opposite party is not represented. In this application the petitioner has prayed for quashment of the proceeding being GR Case No. 5575 of 2019 arising out of English Bazar Police Station Case No. 1210 of 2019 dated 02.12.2019 presently pending before learned Chief Judicial Magistrate, Malda. Being aggrieved by the aforesaid proceeding, learned counsel for the petitioner submits that the instant FIR is the counter blast of the FIR lodged by the mother of the petitioner Ila Rani Sinha (Saha) on 30.11.2019 where she has made specific allegation against the husband of the present defacto-complainant Gobindra Mitra and other accused persons. In that case after completion of investigation charge-sheet has been submitted. The allegations leveled in the present letter of complaint are inter alia to the effect that the petitioner had 2 been following her for a long time and had been giving her indecent proposals. On 28.11.2019 at around 8.30 in the evening, when she was alone at her house, the petitioner came to her house and called out the name of her husband and when she opened the door, he held a sharp cutting instrument against her throat and took her to the bedroom where he committed rape upon her. Thereafter, the petitioner also threatened them with dire consequences. Learned counsel for the petitioner submits that on 30.11.2019 upon a written complaint lodged by mother of the petitioner the above-mentioned English Bazar Police Station Case No. 1205/2019 dated 30.11.2019 under sections 341/323/325/326/379/34 of the Indian Penal Code was started against the husband of the defacto- complainant and it was alleged in the said written complaint that on 29.11.2019 at around 9 p.m. when the petitioner was travelling through Rabindra Avenue overbridge by riding his motor cycle, some miscreants who were equipped with iron rod obstructed him and had snatched the key of the motor cycle. It has been further alleged in the said complaint that said miscreants had also snatched away his gold chain and ornaments. Upon protest, the petitioner was physically assaulted and the said motor cycle was also taken away by them. On 30.11.2019 the petitioner was taken to Malda hospital for treatment. Learned counsel appearing on behalf of the petitioner further submits that on or about 27.11.2019 at 3 around 8.30 a.m. in the morning the petitioner was admitted to Ratua -1 Rural Hospital, Malda, as he was suffering from gastro enteritis and he received treatment in the said hospital over the next two days and was discharged on 29.11.2019 at around 9 a.m. in the morning. On the same day, i.e., on 29.11.2019 in the night at around 9 p.m. when the petitioner was travelling as pillion rider on his motor cycle the aforesaid incident in connection with English Bazar Police station case no. 1205 of 2019 has happened. Therefore, it is totally improbable that the petitioner had committed the offence as alleged in the FIR on 28.11.2019 at 8.30 p.m. He has further drawn my attention to one petition dated 17.03.2021 marked as annexure P-7, wherefrom it appears that a letter given by complainant to the I.C. English Bazar Police Station discloses that due to misunderstanding she had initiated the proceeding and that the accused never committed any such offence and thereby she does not want to proceed further with the said criminal proceeding. Learned counsel appearing on behalf of the petitioner submits that medical document and the alleged letter given by the defacto-complainant to the petitioner is not part of the case diary. He further submits that investigation ultimately culminated into a charge-sheet and therefore there are grounds for proceeding further with the case and therefore proceeding is not liable to be quashed. 4 Having heard learned counsel appearing on behalf of both the parties, it appears that during investigation police had seized one discharge certificate in the name of petitioner/Priyargha Saha dated 29.11.2019 bearing registration no. 3948, which discloses that date of admission of the petitioner in the said hospital was on 27.11.2019 and the date of discharge was on 29.11.2019. Having placed reliance upon the discharge certificate and the seizure list which are unimpeachable in character, I find that the petitioner’s presence in the place of occurrence on the date and time mentioned in the FIR is improbable. Furthermore, it also appears that the present proceeding is a counterblast to the petitioner’s mother’s FIR being 1205/2019 dated 30.11.2019. Therefore the parameters laid down in point no. 5 & 7 of paragraph 102 for quashing a criminal proceeding in the case of State of Haryana & others Vs. Bhajanlal reported in 1992 Supp (1) SCC 335 clearly attracts in the present case, which are as follows:- (5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused. (7) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge. Therefore, further continuance of the impugned proceeding would be mere abuse of the process of the court. 5 In view of the above, CRR 4083 of 2025 is allowed. The impugned proceeding being English Bazar, Malda, Police station case No. 1210 of 2019 dated 02.12.2019 presently pending before learned Chief Judicial Magistrate, Malda, is hereby quashed. Urgent Photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities. (Dr. Ajoy Kumar Mukherjee, J.)