The court emphasized the sparing and cautious exercise of jurisdiction under Section 482 of the Cr.P.C. and highlighted the need for addressing issues such as sanction and evidence at the appropriate stage of the legal proceedings.

JUDGMENT

Ajoy Kumar Mukherjee, J. - Present application has been preferred under section 482 of the code of Criminal Procedure for quashing of the charge-sheet being Charge sheet no. 212 of 2018 dated 31.10.2018 under Sections 147/149/153/153A/153B/186/188/120B of the Indian Penal Code along with section 7 of West Bengal animal slaughter control Act, 1950 arising out of Narayangarh Police Station case no. 7 of 2015 dated 07.01.2015 pending before the court of the learned Chief Judicial Magistrate at Paschim Medinipur including the order dated 6th December, 2018, passed in connection therewith.

2. On January 7, 2015, a suo moto First information Report was lodged by officer-in-charge of Narayangarh Police Station against as many as thirteen accused persons including present petitioner, inter alia on the allegations that the accused person without any legal permission conducted a 'Jalsa' programme at village Gama where they have slotted three cows in order to provoke persons of other religion and distributed it amongst 1200 visitors of 'Jalsa' programme. It is further alleged that in order to conduct said 'Jalsa' petitioner and others distributed leaflet in order to flare up communal tension and the entire episode was well planned, ill-intentioned and to spread communal disharmony. The petitioner along with others in order to instigate villagers shouted slogans prejudicial to maintenance of harmony and national integration. Entire programme of cow slaughter in public place was carried on in a planned way under the direct conspiracy of the present petitioner contravening order of public authorities. The activities of petitioners and others were prejudicial to the maintenance of harmony between different religion, racial, language or regional groups or castes or communities, which disturbed the public tranquillity.

3. Learned advocate for the petitioner submits that after purported investigation on 6th December, 2018 the investigating agency filed a charge- sheet being Charge sheet no. 212 of 2018 dated 31.10. 2018 against as many as 13 accused persons and vide order dated 6th December, 2018, the learned Chief Judicial Magistrate was pleased to take purported cognizance, and was pleased to issue warrant of arrest against the petitioner herein. Subsequently on 15th December, 2018 petitioner surrendered before the Court and obtained bail.

4. He further submits that learned Chief Judicial Magistrate passed the order of taking cognizance, which is not supported by reason. It is trite law that the learned Magistrate has to remain vigilant with regard to the allegations made and not to take cognizance without proper application of mind and he must not accept prosecution story as gospel truth. The magistrate should have taken note of the allegations in entirety and to decide whether any cognizable case is made out against the petitioner herein. He further submits when the subject matter is of involvement of many persons, taking cognizance and initiating proceeding, requires an attitude of more care, caution and circumspection, which was not adhered to in the instant case. Even if the prosecution story is accepted to be gospel truth, then also placement of fact singularly lacks either of the ingredients of the offence alleged. The allegations made in the FIR and the charge sheet are so absurd and inherently improbable on the basis of which no prudent person can ever reach just conclusion, that there is sufficient ground for proceeding against the present petitioner. The story loomed large by the first information report and the charge-sheet suffers from intrinsic hollowness and antagonistic contradictions.

5. He further submits that the cognizance has been taken under Section 147/149/153/153A/153B/186/188/120B of the Indian Penal Code. No sanction was taken which is mandatory. Moreover, the offence under Section 147 has also not been made out since there was no allegation of rioting and there is no allegation of unlawful assembly. Moreover in