28.09.2026 Sl. No.2 Ct. No.237 S.A. CRR 1037 of 2025 Rabindra Nath Panigrahi & Anr. -vs- The State of West Bengal & Anr. Mr. Aniruddha Bhattacharyya Ms. Anushka Bose …for the petitioners Mr. Subir Ganguly Mr. Sayan Mukherjee …for the State The petitioners seek quashing of the proceedings in connection with Charge Sheet No. 247 of 2024 dated November 30, 2024, under Sections 126(2)/115(2)/351(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, arising out of G.R. Case No. 2336 of 2024, which, in turn, arose out of Sagar Police Station Case No. 230 of 2024 under Sections 126(2)/115(2)/352/351(3)/3(5) of the Bharatiya Nyaya Sanhita, 2023, pending before the learned Additional Chief Judicial Magistrate, Kakdwip, South 24 Parganas. The aforesaid criminal proceedings were initiated on the basis of a complaint lodged by opposite party no. 2/de facto complainant on November 9, 2024. It was alleged in the complaint that on November 9, 2024, at about 11:15 a.m., while the de facto complainant was returning home, he noticed that a barbed wire attached to a boundary pillar of the wall belonging to the brother of petitioner no. 1 was protruding towards the passage leading to his house. Opposite party no. 2 intended to remove the said barbed wire, but, suddenly, he was struck on his leg by a stone allegedly thrown from the house of petitioner no. 1. Immediately thereafter, the younger son of petitioner no. 1, namely, petitioner no. 2 herein, rushed towards him 2 carrying two pieces of brick, one in each hand, and allegedly threatened him with dire consequences and abused him in filthy language. Pursuant to the aforesaid complaint, the investigating agency conducted an investigation and, upon completion thereof, submitted a charge-sheet. Thereafter, the learned Additional Chief Judicial Magistrate, Kakdwip, took cognizance of the alleged offences under Sections 126(2)/115(2)/352/351(3)/3(5) of the Bharatiya Nyaya Sanhita, 2023, by order dated December 19, 2024. Learned advocate appearing for the petitioners submits that there is prior enmity between petitioner no. 1 and his brother, opposite party no. 2, and that a civil suit is pending between them. It is further submitted that the allegations made in the First Information Report are completely false and that, even if the allegations are taken at their face value, the essential ingredients of the alleged offences are not made out. Learned advocate appearing for the State, on the other hand, submits that the police have conducted a proper investigation and that the allegations made in the complaint have been corroborated by the statements of the witnesses recorded under Section 180 of the Bharatiya Nagarik Suraksha Sanhita, 2023. This Court is not inclined, at this stage, to conduct a mini-trial for the purpose of determining whether the petitioners are guilty of the alleged offences. The case diary has been produced before this Court. It appears therefrom that, apart from the victim, there are other witnesses whose statements have been recorded under Section 180 of the 3 Bharatiya Nagarik Suraksha Sanhita, 2023, and such statements prima facie implicate the petitioners in the alleged commission of the offences. The learned Magistrate, upon due application of mind to the materials collected during the course of investigation, has taken cognizance of the alleged offences. Learned advocate appearing for the petitioners vehemently submits that the allegations made in the First Information Report do not disclose the essential ingredients of the alleged offences. I have already noted that, in the course of investigation, statements recorded under Section 180 of the Bharatiya Nagarik Suraksha Sanhita, 2023 have been brought on record, which prima facie implicate the petitioners in the alleged commission of the offences. In view of the aforesaid circumstances, no interference is called for at this stage. However, it is made clear that the petitioners shall be at liberty to raise all such points as may be available to them before the learned Magistrate at the appropriate stage of the proceedings. Accordingly, CRR 1037 of 2025 is 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.)