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2023 Supreme(Cal) 623

ANANYA BANDYOPADHYAY
Protip Roy Basunia – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioner: Mr. Avrojyoti Das, Mr. Pritam Roy.
For the Respondents: Mr. Aditi Shankar Chakraborty, Mr. Nilay Chakraborty.

JUDGMENT :

(Ananya Bandyopadhyay, J.) :

1. Kotwali P.S. Case No. 325/2021 dated 06.05.2021 under Sections 504/505/506/120 of the Indian Penal Code 1860 was instituted on the basis of a complaint dated 06.05.2021 filed by the defacto complainant Anirban Sarkar inter alia alleging to have noticed certain comments on the Facebook profile of Pradip Basunia, Uttam Mondal, Tapaas Karmakar, Ashim Roy, Adaitya Barman which were “spreading communal hatred and violence amongst the people of society,” which according to him were “unauthentic, uncalled for and unwarranted.”

2. The petitioner has filed the instant Criminal Revisional Application seeking for a direction from this Court to quash the aforesaid Kotwali P.S. Case corresponding to G. R. Case No. 577 of 2021 pending before the Court of the Learned Chief Judicial Magistrate, Sadar, Cooch Behar.

3. The Learned Advocate for the petitioner submits the petitioner, an Assistant Teacher of a school by profession has been falsely implicated due to rival political ideologies with an ulterior motive of wrecking vengeance on frivolous ground.

4. The Learned Advocate for the petitioner further submitted that the petitioner has been arraigned as a

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