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2023 Supreme(Cal) 62

IN THE HIGH COURT AT CALCUTTA
Shampa Dutt Paul, J.
Dina Nath @ Dinanath Prasad - Appellant
Versus
State Of West Bengal & Anr. - Respondents
Criminal Revision No. 1786 of 2020
Decided On : 03-01-2023

Advocates appeared:
S. K. Dasgupta, Advocate, S. Ghosh, Advocate, Bitasok Banerjee, Advocate, K. Sarkar, Advocate, F. Bandopadhyay, Advocate, Riya Ballav, Advocate

Headnote:

CRIMINAL LAW - QUASHING OF PROCEEDINGS - SECTION 506 IPC - THREATENING - NO INTENT TO CAUSE ALARM - NO INGREDIENTS TO CONSTITUTE OFFENCE - PROCEEDINGS QUASHED.

Fact of the Case:

Petitioner, a senior officer in the Post Office, received a complaint from the husband of the alleged victim, alleging mental torture upon his wife by the petitioner. The petitioner had called the victim, who was in charge of the Delivery Section and was reluctant to submit a delayed report, several times over the phone, requesting her to submit the report. Despite his repeated telephonic requests, the victim did not submit the report and encountered a negative attitude from the victim. The victim allegedly fell ill in the office and was hospitalized. The petitioner submitted that the facts of the incident have been twisted in order to falsely implicate him in a baseless and frivolous criminal case with absolute mala fide intention just to harm his reputation.

Finding of the Court:

The court found that the petitioner's administrative communication with the victim was completely professional and that she, being a neuro patient, fell ill due to her own health condition on the date of occurrence and the petitioner had no role therein. The court also found that there was no evidence to prima facie make out a cognizable offence against the petitioner and that the proceedings were liable to be quashed.

Issues: 1. Whether the petitioner's telephonic conversation with the victim amounted to criminal intimidation under Section 506 IPC? 2. Whether the ingredients of the offence under Section 506 IPC were satisfied in the present case?

Ratio Decidendi: The court held that the petitioner's telephonic conversation with the victim did not amount to criminal intimidation under Section 506 IPC as there was no intent to cause alarm to the victim or to cause her to do any act which she was not legally bound to do. The court further held that the ingredients of the offence under Section 506 IPC were not satisfied in the present case as there was no threat of any injury to the victim's person, reputation, or property, or to the person in whom she was interested, and there was no intent to cause alarm to the victim.

Final Decision: The court allowed the revision petition and quashed the proceedings in the case against the petitioner.

JUDGMENT

Shampa Dutt (Paul), J. - The revision has been preferred praying for quashing of proceedings in connection with the G. R. case No.1463 of 2019, arising out of Jorasanko Police Station Case No. 324 of 2019, dated 14.12.2009, thereby alleging the commission of offence under section 506 of the Indian Penal Code, pending before the Learned Additional Chief Metropolitan Magistrate, Calcutta.

2. The petitioner's case is that he is currently working for gain as the Senior Superintendent of Post Offices (STS), North Kolkata Division, Kolkata - 700 037. The Petitioner cleared his PSS Group B Examination back in the year of 2004 and since then, he has relentlessly dedicated himself to his job and as such his hard work has been appreciated and acknowledged by his Division, through several awards and rewards over the years.

3. The opposite party no. 2 herein is the de facto complainant as well as the husband of the purported victim of the instant case. The Victim herein, namely Dipa Ganguly is the former Assistant Post master (Deputy Postmaster 'A' Officiating) of Barabazar Head Office, North Kolkata Division, Kolkata - 700 007.

4. The instant case started on 29.11.2019, when the Postmaster General, Kolkata Region, visited the Barabazar Head Post Office, Kolkata - 700 007, under North Kolkata Division, for the purpose of checking the Mail Delivery Performance and accordingly, a visit report was issued therein. Vide the said visit report, it was observed by the Postmaster General that the number of actual devices used in PMA and the articles handled through PMA was properly reflecting in the day wise report of PMA Dashboard and as such the Senior Postmaster, Barabazar was directed to personally look into the matter and take necessary steps to resolve the issue.

5. The purported victim herein was in charge of the Delivery Section of Barabazar Head Office and was very reluctant to submit the already delayed report regarding delivery performance which was due before the Regional Office. On 13.12.2019, since the Senior Postmaster was absent for offering 'Namaz', the petitioner herein had to call the purported victim few times, over phone, requesting her to submit the report concerned. Despite his repeated telephonic requests, the petitioner did not submit the report but only encountered negative attitude form the victim. Thereafter in the evening at around 4:00pm, the victim allegedly fell ill in the office wherefrom she was hospitalized.

6. On the very same date, i.e. on 13.12.2109, the opposite party no. 2 herein, being the husband of the victim, lodged a complaint against the petitioner, alleging therein that the petitioner has been inflicting mental torture upon the victim for some time and on 13.12.2019, such torture reached its peak when the petitioner threatened the victim over phone to suspend her, by using filthy language and such type of telephonic conversation continued at every ten minutes interval. Being a neuro patient, the victim fell seriously ill and was then admitted to the Marwari Relief Hospital and her condition was critical.

7. The petitioner states that the facts of the incident have been twisted in order to falsely implicate the petitioner in a baseless and frivolous criminal case with absolute mala fide intention just to harm the reputation of the petitioner, who has been diligently performing his job. The petitioner submits that the administrative communication between the petitioner and the purported victim was completely professional and she being a neuro patient, as stated in the letter of complaint, fell ill due to her own health condition on the date of occurrence and the petitioner had no role therein.

8. On being empowered by the order dated 14.12.2019, of the learned Magistrate a First Information Report, being Jorasanka Police Station, Case No. 324 of 2019, dated 14.12.2019, was initiated by the police authority on the strength of the complaint dated 13.12.2019, lodged by the opposite party no. 2 herein, aga

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