IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE PRESENT: THE HON’BLE JUSTICE UDAY KUMAR CRR 1394 OF 2024 CRAN 2 of 2025 TRILOK NATH SAHNI @ TRILOK NATH SOHNI @ TRILOKNATH SHANI -VS- THE STATE OF WEST BENGAL & ANR. For the Petitioner : Mr. Sagar Saha, Ms. Nayana Mukhopadhyay, Mr. Manjeet Saha. For the O.P. No. 2 : Ms. Debjani Dasgupta, Mr. Mukul Ch. Bairagya, For the State : Mr. Bhaskar Sett, Mr. Shayan Sachin Basu. Pronounced on : 25.09.2026 JUDGMENT (ORAL) UDAY KUMAR, J.: – 1. Learned counsel for the petitioner submits that the petitioner, Triloknath Sahni is a person affiliated to a particular political party and has been falsely implicated in the impugned criminal proceeding out of sheer political vendetta. 2. In support of his contention, he referred to the written complaint (through e-mail) dated 07.04.2021 lodged by sitting MLA, Firdousi 2 CRR 1394 OF 2024 Begum (the complainant herein) during the course of election. The substance of her allegation is that some miscreants and designed persons are terrorizing the general voters and law-abiding citizens of 151, Sonarpur North Assembly Constituency by giving threats regularly. Even they gave out threats with dire consequences at the point of dangerous weapons. Some of the miscreants are well-known drug peddlers of their respective areas. 3. On the said written complaint, Narendrapur Police Station Case No. 442/2021 dated April 7, 2021, under Sections 341/504/506/34 of the Indian Penal Code was started against the twenty-five accused persons belonging to a political party as per the names referred by the complainant in her said written complaint (Annexure-A), the petitioner was one of them. 4. During the course of investigation, Investigating Officer recorded the statements of independent witness (Prosenjit Saha and Kaushik Mondal) under Section 161 Cr.P.C., both stated that Sandip Sinha and many other persons have threatened voters in their area not to vote and have used abusive language towards them, as a result of which, the voters have become extremely fearful. 5. After conclusion of the investigation, a charge-sheet (Charge Sheet No. 422/21 dated 30.04.2021) has been filed under the same sections against all the twenty-five accused persons including the petitioner, showing them ‘absconding’. He further referred to the order of the A.C.J.M., Baruipur, South 24 Parganas dated 15th January, 2024 by which the petitioner was released on bail. 3 CRR 1394 OF 2024 6. The petitioner, being aggrieved by and dissatisfied the said proceeding, has preferred this revisional application for quashing of G.R. Case No. 2845 of 2021 arising out of Narendrapur Police Station Case No. 442 of 2021 dated April 7, 2021 under Sections 341/504/506/34 of the Indian Penal Code, currently pending adjudication before the Court of learned A.C.J.M., Baruipur, South 24 Parganas. 7. Learned counsel for the petitioner submits that the allegations in the complaint are rife with crass statements and political rivalry and the complaint lacks any specific allegation attributing to specific or overt acts against any of the accused persons. He further submits that all the allegations are omnibus in nature, even the independent witnesses did not name the petitioner in their Section 161 Cr.P.C. statements, the investigation carried out by the investigating authority was perfunctory and he prays for quashing of the entire proceeding against the petitioner. 8. Learned counsel for the opposite party/State fairly conceded that the investigation has not been property conducted and that it appears from the face of the record that the allegation in the written complaint lodged during the period of election, lacks specific averments justifying the charges against the petitioner. 9. The provisions of criminal laws cannot be weaponized to harass a person, as has been observed by the Hon’ble Supreme Court in a catena of decisions. Considering the argument of the parties, especially the candid submission of the State counsel and the materials available on record, I am of the view that the essential ingredients to sustain the 4 CRR 1394 OF 2024 charges under Sections 341/504/506/34 of the Indian Penal Code against the petitioner are not satisfied. In such event, the Hon’ble Apex Court at paragraph 102.1 in State of Haryana & Ors. v. Bhajan Lal & Ors. [1992 Supp(1) SCC 335, has expounded that where the allegations in the FIR, if taken at their face value, does not prima facie constitute any offence or make out a case against the accused, the Court, in exercise of inherent power under Section 482 Cr.P.C, must quash the criminal proceedings to secure the ends of justice and to prevent the abuse of process of the Court, in the same vein, the impugned criminal proceeding (G.R. Case No. 2845 of 2021) against the petitioner deserves to be quashed. 10. C.R.R. 1394 of 2024 is allowed. 11. Consequently, the criminal proceeding of G.R. Case No. 2845 of 2021 arising out of the Narendrapur Police Station Case No. 442/2021 dated 07.04.2021 under Sections 341/504/506/34 IPC along with consequential orders passed in the said proceeding is hereby quashed and set aside qua the petitioner. 12. Connected application being CRAN 2 of 2025 is also disposed of accordingly. 13. Interim order, if any, stands vacated. 14. There shall be no order as to costs. 15. Let the Trial Court records be transmitted to the learned Trial Court for necessary information and compliance. 16. Case Diary, if any, be returned to the learned counsel for the State. 5 CRR 1394 OF 2024 17. Urgent photostat certified copy of this judgment, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Uday Kumar, J.)