SURAJ SHAW @ DURGA SHAW AND OTHERS v. STATE OF WEST BENGAL AND ANR
CRR/2151/2026 · 2026-10-05
Ajay Kumar Gupta
body2026
DailyLaw.ai
[ 2026 DAILYLAW 48015 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 48015 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
05.10.2026 Serial nos. 15 [AN] Ct. No. - 39
CRR/2151/2026
In re : An Application under Section 482 of the Code of Criminal Procedure, 1973
-And-
In the matter of : Suraj Shaw @ Durga Shaw & ors.
… … Petitioners.
Mr. Surendra Kumar Sharma … for the petitioners
1. By filing this Revisional application, the petitioners seek quashing of the F.I.R. being No. 20/26 dated 12th March, 2026 under Sections 85/115(2)/76/304/351(3)/3(5) of BNS, 2023 corresponding to G.R. Case No. 590/2026 pending before the learned Chief Judicial Magistrate, Asansol, Paschim Bardhaman.
2. Learned advocate appearing for the petitioners submits that all the accused persons are distant relatives of the de facto complainant, save and except petitioner no. 3, who is her married sister-in-law. The petitioners are innocent and have been falsely implicated in this case.
3. It is further submitted that there is no specific role attributed for commission of offence as alleged by the de facto complainant against the petitioners herein and all allegations made in the complaint are vague and omnibus, without any specific date and time. He prays for stay of the proceedings otherwise, the petitioners will suffer injuries, which cannot be
2 compensated in any manner. All these petitioners reside separately from the matrimonial home and, therefore, they are not connected in any manner with the alleged offence.
4. Having regard to the facts and circumstances of the case, the
submissions of the petitioners, the nature of allegations so complained by the de facto complainant and their relationship, this Court has found that investigation is in progress to find out the truth.
5. In view of the facts as aforesaid, this Court prefers to dispose of this application as the petitioners challenge the F.I.R. and this Court cannot dive into the merits of the case, whether the allegation is a genuine one or false. Since the matter is under investigation, all points raised by the petitioners may be raised before the investigating officer, if so advised, in accordance with law.
6. During investigation, no coercive action shall be taken against the present petitioners till filing of the charge sheet, subject to the conditions that they shall cooperate with the investigation and shall attend as and when called for by the Investigating Officer. They shall not intimidate any witnesses and/or tamper with the evidence.
7. If any of the conditions stipulated above are violated, the State would be at liberty to pray for vacating of the interim
order upon notice to the petitioners.
8. It is needless to mention that the Investigating Officer shall investigate the case thoroughly, properly, independently and
3 in accordance with law without being influenced by any of the observations made by this Court.
9. Accordingly, CRR 2151 of 2026 stands disposed of with above observation.
10. Connected applications, if any, also stand disposed of.
11. Interim order, if any, stands vacated.
12. Let a copy of this order be communicated to the learned trial court for necessary compliance.
13. All concerned parties shall act on the server copy of this
order duly downloaded from the official website of this Court.
14. The concerned Department is directed to supply urgent certified Photostat copy of this order to the parties, if applied for, upon compliance of all necessary formalities.
(Ajay Kumar Gupta, J.)