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2026 DAILYLAW 45374 (CAL)

KIRAN SINGH AND ANOTHER v. STATE OF WEST BENGAL AND ANR

CRR/2323/2026 · 2026-10-01

Kausik Chanda

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

01.10.2026 Item no. 21 Ct. No.237 AKG C.R.R. 2323 of 2026 Kiran Singh & Anr. Vs. The State of West Bengal & Anr. Mr. Indranil Halder …for the Petitioners Mr. Kallol Mondal, Ld. P. P. Mr. Pawan Kr. Gupta, Mr. Sreyosh Kr. Singh …for the State Ms. Moumita Pandit, Ms. Ritushree Banerjee, Ms. Olivia Dutta, Mr. Suprovo Dey …for Respondent No. 2 It appears that, on the basis of the complaint lodged by opposite party no. 2, Golabari Police Station Case No. 203 of 2025 dated June 10, 2025, was registered against the petitioners. Upon conclusion of the investigation, the investigating agency submitted charge-sheet under the aforesaid provisions. The learned Magistrate, however, took cognizance of the offences punishable under Sections 126(2), 115(2), 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. Mr. Indranil Halder, learned advocate appearing for the petitioners, submits that the allegations are false and that, in fact, the petitioners sustained injuries at the hands of opposite party no. 2 on the date of the alleged incident. It is further submitted that a civil dispute is pending between the parties in relation to an alleged unauthorised construction. 2 I am, however, not inclined to quash the proceedings at this stage. The State has produced the case diary before this Court. The case diary contains an injury report. The statements recorded under Section 180 of the Bharatiya Nagarik Suraksha Sanhita, 2023 also prima facie disclose the commission of the alleged offences. There is no scope for this Court to conduct a mini-trial at this stage for the purpose of ascertaining the guilt or innocence of the petitioners. Accordingly, CRR 2323 of 2026 is dismissed. This, however, shall not preclude the petitioners from urging all points available to them at the appropriate stage of the proceedings. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities. (Kausik Chanda, J.)