The judgment establishes the principle that criminal proceedings can be quashed if they constitute an abuse of the legal process and if there is a lack of evidence to support the allegations.

JUDGMENT

The present revision has been preferred praying for quashing of the proceedings pending in connection with Complaint Case No. C-668/2018 under Sections 323/325/379/354/506/120B/34 of the Indian Penal Code now pending before the Court of the Learned Additional Chief Judicial Magistrate, Basirhat, North 24 Parganas and all orders passed in connection therewith including order dated 08.02.2019 whereby the Learned Additional Chief Judicial Magistrate, Basirhat was pleased to issue warrant of arrest against the accused person, petitioner herein under Sections 323/325/379/354/506/120B/34 of the Indian Penal Code.

The petitioner’s case is that the petitioner herein is a Block Development Officer (B.D.O.). The petitioner joined the West Bengal Civil Services in the year 1994 and was posted as a Revenue Officer in the Land and Land Reforms Department. Thereafter the petitioner was promoted as an Executive Officer in the 2015. The Petitioner has also been serving as the Block Development Officer (B.D.O.) of the Hasnabad for last one and a half year.

The petitioner’s further case is that Jagannath Das (herein after referred as the opposite party) filed a complaint case under Section 200 of the Code of Criminal Procedure, before the Additional Chief Judicial Magistrate, Basirhat and which was subsequently registered as Complaint Case No: C-668/2018 under Sections 323/325/379/354/506/120B/34 of the Indian Penal Code, 1860.

The allegations as leveled in the said complaint, inter alia, were to the effect that the opposite party is General Secretary of “Shramajivi Samannay” Committee, located at Taki, Basirhat, North 24 Parganas. That on 12.10.2018 on behalf of the committee an appointment was asked for from the Block Development Officer, (hereinafter referred as the B.D.O.) Hasnabad to consult regarding the submission of a mass deputation regarding a matter of public interest. Accordingly the B.D.O. decided the appointment to be on 01.11.2018 at 1 pm in the afternoon. On the said date the opposite party with four other representatives of the committee and around 500 people of which many women gathered in the office of the B.D.O. with some important documents. After reaching there the opposite party saw that there are many unknown people. The B.D.O. introduced them as representative of the Panchayat Samity. The unknown people asked the opposite party about his purpose of visit and knowing that the opposite party was there to submit a deputation they thwarted the way and abused them in filthy language. The B.D.O. informed that no deputation will be taken, and also rejected the idea of a meeting. When the opposite party protested to that, the unknown people present there along with the B.D.O. and the S.I Mrinal Pal threatened them with dire consequences and told them to leave. The opposite party and his people refused to do the same, to which, under the instruction of the B.D.O. they started assaulting the opposite party and others with fists and blows and also snatched away some important documents. Even more, under the instruction of the B.D.O., women from the group of the opposite party were molested and abused in filthy languages; they also tried to choke witness no. 5 (as mentioned in the complaint).

The opposite party informed about the incident in Hasnabad Police Station but no F.I.R was registered. Later the same information was forwarded to the Sub-Divisional Officer, Basirhat, Superintendent of Police. Basirhat, Superintendent of Police Basirhat and the District Magistrate, North 24 Parganas.

The Learned Additional Chief Judicial Magistrate, Basirhat took cognizance of the instant case on 26.11.2018. On 01.12.2018 the learned Additional Chief Judicial Magistrate, Basirhat was pleased to issue process against the petitioner herein and others under Section 204 of the Code of Criminal Procedure.

The petitioner could not appear before the Learned Additional Chief Judicial Magistrate, Basirhat on 08.02.2019 because he was called by the D