JUDGMENT :

Bibhas Ranjan De, J.

1. The lis involved in the two Criminal Revision Applications. Both the cases qua revision applications are marginally same, therefore, they were being heard and disposed of by this common judgement.

CRR 1 of 2021

2. On 07.12.2020, Anirban Bhattacharya, Officer in-charge of New Jalpaiguri Police Station lodged a written complaint which was registered under FIR No. 1426 of 2020 under Sections 147,149,353,427 of the Indian Penal Code read with Section 9 of the West Bengal Maintenance of Public Order Act, 1972 (hereinafter referred to as WBMPO Act), read with Section 3 of the Prevention of Damage to Public Property Act, 1984 (hereinafter referred to as PDPP Act), Corresponding to GR Case no. 5320 of 2020, alleging inter alia, Bharatiya Janata Yuva Morcha (hereinafter referred to as B.J.Y.M.) youth wing of Bharatiya Janata Party (hereinafter referred to as B.J.P.) tried to take control of ‘Uttarkanya’, the State Secretariat to forcibly hoist flag of BJP to propel the Government to meet their demands. ‘Uttarkanya’ being a high security zone and covered under Section 144 of the Code of Criminal Procedure (hereinafter referred to as CrPC) (vide order dated 03.1