Subhas Das v. State of West Bengal Mr. Koushik Roy, Ms. Sangita Ray, Advocates & Anr.

It is submitted by the learned counsel for the petitioner that the petitioner is innocent and he has been falsely implicated in this case. The allegation is out and out false. During investigation, petitioner also complied with the notice issued under Section 41(A) of the Code of Criminal Procedure on 2nd February, 2023. Therefore, there is no case at all against the present petitioner. He prays for quashing of the proceeding and charge-sheet to prevent the abuse of process of law and miscarriage of justice.

On the other hand, learned Counsel appearing on behalf of the State produces the case diary and submits that there are sufficient materials collected during the investigation, 164 statement of the victim girl was also recorded, who has specifically named the present petitioner with regard to the 3 alleged offences. Therefore, the case has no merit to quash the proceeding.

Heard the submission of the learned Advocate of the respective parties and on perusal of the materials on record and the case diary, this Court finds the allegations made in the FIR disclose cognizable offence. Furthermore, during investigation sufficient materials were collected against the present petitioner which establish the prima facie case of alleged offence punishable Sections 341/325/323/354B/506/34 of the Indian Penal Code. Accordingly, this Court finds the revisional application is devoid of merits. Furthermore, charge-sheet has been submitted under Sections 341/325/323/354B/506/34 of the Indian Penal Code against the present petitioner and other co-accused persons.

Accordingly, the revisional application being CRR No. 3952/2024 is dismissed. Connected applications, if any, are also, thus, disposed of.

Interim order, if any, stands vacated.

Case diary, if any, be returned to the learned counsel for the State.

Let a copy of this order be communicated to the learned Trial Court.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all necessary formalities. (Ajay Kumar Gupta, J.)