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2023 Supreme(Cal) 621
IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH JALPAIGURI
ANANYA BANDYOPADHYAY, J.
Jamir Hossain – Petitioner
Versus
The State of West Bengal – Respondent
C.R.R. 7 of 2022
Decided On : 12-05-2023
For the Petitioner: Mr. Saptangsu Basu, Mr. Ramanand Agarwal, Ms. Nebedita Pal.
For the Respondent: Mr. Aditi Shankar Chakraborty, Mr. Nilay Chakraborty.
Headnote:
Indian Penal Code, 1860 – Section 419, 420, 467, 478, 471 – Criminal Procedure Code, 1973 – Section 482, 441 – Cheats by personation – Cheating and dishonestly inducing delivery of property – Forgery of a valuable security – Trade Marks – Complaint was filed by a police officer in Rank of Assistant Sub Inspector, Traffic, inter alia stating that complainant at about 12:35 hours recorded GDE relating to a telephonic information disclosing, RNB loaded vehicles approaching from Goshala More proceeding towards – Held, Allegation against petitioner was of affixing a sticker on front portion of truck which would amount to an unlawful advantage to be recoursed for commuting, which do not fall within definitions of offences as cited above – It further appears truck to have been intercepted at a distance ahead of ‘no entry zone’ area – There should be certain mechanism on part of traffic police to restrict vehicles from plying through ‘no entry zone’ area with such stickers for availing hassle free communication methodology – In instant case neither vehicle nor sand loaded in it was illegally obtained and transmitted on account of forged documents – Only intention would have been supposedly to violate the ‘no entry zone’ for smooth communication – Therefore complaint based on offences under Sections 419/420/467/478/471 of Indian Penal Code are not attracted against petitioner and to allow proceedings to continue would result into an abuse process of law and accordingly Criminal Revisional Application is allowed and GR Case is quashed – However traffic police must regulate certain procedures to combat any violation of traffic rules on disguise resulting in unlawful entry and exit into ‘no entry zone’ area – Contraband articles and other illegal commodities may be transferred from one place to another for furtherance of deceptive and disguised pursuits, which will indubitably entail serious consequences – C.R.R disposed of.
JUDGMENT :
(Ananya Bandyopadhyay, J.) :
1. A complaint was filed by a police officer in the Rank of Assistant Sub Inspector, Sadar Traffic, Jalpaiguri dated 17.01.2022 inter alia stating that the complainant at about 12:35 hours on 16.01.2022 recorded GDE No. 289 dated 16.01.2022 relating to a telephonic information disclosing, RNB loaded vehicles approaching from Goshala More proceeding towards Santipara. The complainant under the direction of the OC Sadar Traffic, Jalpaiguri accompanied by two other constables left their office and reached Santipara at 12:50 hours. Subsequently they noticed two trucks bearing no. WB/71-0182 and WGV-6089 respectively marked with “On Duty PDS Food and Supply Department, Government of West Bengal” boards on the front portion of the said trucks moving towards Kadamtala no entry zone area. The drivers of the vehicles disobeying the beckon to stop initially escaped but ultimately halted being chased. On inspection the vehicles were found to be loaded with river bedded materials and on interrogation the drivers confessed to have loaded the truck with sand from Jalpesh river bed under Moinaguri PS to sell the same at Jalpaiguri area, intentionally affixing the board of “On Duty PDS Food and Supply Department, Government of West Bengal” in order to pass through the no entry zone area taking illegal benefit from the police authority. The trucks were seized under a proper seizure list in presence of witnesses under Section 102 of the Criminal Procedure Code and the drivers of the said vehicles were arrested under Section 441 CRPC vide memo of arrest.
2. Based on the aforesaid complaint Kotwali PS Case No. 35 of 2022 dated 16.01.2022 under Section 419/420/467/478/471 of the Indian Penal Code was registered which resulted in filing of GR Case No. 332 of 2022 pending before the Learned Chief Judicial Magistrate, Sadar Court, Jalpaiguri.
3. Being aggrieved by the institution of the aforesaid GR Case No. 332 of 2022 based on the complaint mentioned above, an application under Section 482 of the Criminal Procedure Code has been filed for quashing the proceedings under Sections 419/420/467/468/471 of the Indian Penal Code in connection with Kotwali PS Case Number 35 of 2022 corresponding to GR Case No. 332 of 2022 as aforesaid.
4. The Learned Advocate for the petitioner submitted the act of the petitioner doesn’t constitute any of the offences under Sections 419/420/467/478/471 of the Indian Penal Code. It was further submitted any wrongful act to have been committed by the petitioner would be for violation of traffic rules. The driver of the lorry did not enter the ‘No Entry Zone’. The complaint did not delineate any incident concerning the petitioner to have deceived any person by impersonation or the petitioner dishonestly induced any person to deliver any property to any person or to destroy any part of the valuable security or to have forged any document or prepared any forged document to transfer the valuable security for the purpose of cheating or fraudulently or dishonestly used any forged document as genuine. Therefore, the allegations against the petitioner do not constitute any of the offences enumerated under Section 419/420/467/478/471 of the Indian Penal Code. The complaint lodged against the petitioner was without merit and the institution of the GR Case No. 332 of 2022 was harassive in nature and the proceedings pending there under before the Trial Court should be quashed.
5. The Learned Advocate for the State submitted the petitioner to have entered into the ‘no entry zone’ area with an ulterior motive intentionally affixing a board “On Duty PDS Food and Supply Department, Government of West Bengal” being aware that the sand carried by the lorry did not constitute an essential commodity and accordingly tried to manipulate the traffic authorities for sub serving his ulterior motive, contrary to l
