IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction APPELLATE SIDE Present: The Hon’ble Justice Shampa Dutt (Paul) CRR 820 of 2024 Gopal Chandra Das Vs The State of West Bengal & Anr. For the Petitioner : Mr. Sekhar Kumar Basu, Mr. Kusal Kumar Mukherjee, Mr. Diptangshu Basu. For the State : Mr. Subrata Mukherjee, Mr. Harshit Jaiswal. Judgment reserved on : 09.09.2026 Judgment delivered on : 24.09.2026 Shampa Dutt (Paul), J.: 1. The revisional application has been preferred praying for quashing of a proceeding in connection with S.C. No. 198 of 2023 arising out of Haldia Woman Police Station Case No. 13/15 dated 14.12.2015 under Sections 376 (2)(f)/417/166/506/120B/109 of the Indian Penal Code, 1860, including an order dated 04.01.2024 passed by the Learned 2 Sessions Judge, Purba Medinipur, rejecting the prayer for discharge made by the present petitioner. 2. Vide the impugned order dated 04.01.2024 in Sessions Case No.198 of 2023 (CNR No. WBEM010027212023), the learned Sessions Judge, Purba Medinipur held:- “Regarding the prayer under Section 227 of the Cr.P.C. of the other accused, Gopal Chandra Das, I find that his name transpired in the statement of the victim lady/ de facto complainant under Section 164 Cr.P.C. as well as Section 161 Cr.P.C. The specific role of this accused in this alleged offence has been mentioned in the statements of witnesses Anup Kumar Mallick and Shamim Aktar recorded under Section 161 of Cr.P.C. I find sufficient materials in C.D. for framing of charge against the accused Gopal Chandra Das. Hence, his prayer under Section 227 of the Cr.P.C. is also considered and rejected. Fix 27-02-2024for framing of charge.” 3. It appears that the learned Judge erroneously relied upon the observation of the High Court in a revisional application preferred by the principal accused, who had later challenged the dismissal of his prayer for quashing before the Hon’ble Apex Court in SLP (Cri) No. 4261 of 2024. 4. The Hon’ble Supreme Court vide its order dated April, 07, 2025 was pleased to allow the SLP/Criminal Appeal and the proceeding against the principal accused, Biswajyoti Chatterjee (Judicial Officer) with whom the de facto complainant had a consensual relationship, was quashed. 3 5. The materials against the present petitioner, as observed by the Hon’ble Apex Court, was that he is the advocate, who was entrusted with the de facto complaint’s case registered under Section 498A, IPC, on the instance of the principal accused. 6. Considering the said facts, this Court finds that there are no materials on record, to substantiate the offences alleged in the present case, against the petitioner herein, namely Gopal Chandra Das. 7. Thus the proceeding in S.C. No. 198 of 2023, arising out of Haldia Woman Police Station Case No. 13/15 dated 14.12.2015 under Sections 376 (2)(f)/417/166/506/120B/109 of the Indian Penal Code, 1860, including an order dated 04.01.2024 passed by the Learned Sessions Judge, Purba Medinipur, rejecting the prayer for discharge made by the petitioner herein, is hereby quashed in respect of the petitioner namely Gopal Chandra Das. 8. CRR 820 of 2024 is allowed. 9. All connected applications, if any, stand disposed of. 10. Interim order, if any, stands vacated. 11. Copy of this judgment be sent to the learned Trial Court for necessary compliance. 12. Urgent certified website copy of this judgment, if applied for, be supplied expeditiously after complying with all, necessary legal formalities. (Shampa Dutt (Paul), J.)