The police must have sufficient evidence to identify individuals who have committed offenses before they can be charged. The continuation of proceedings against individuals without sufficient evidence is an abuse of process.

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 03.11.2020) with effect from 09.11.2020 to 07.01.2021 as ordered by Commissioner of Police, Siliguri Police Commissionerate (hereinafter referred to as S.P.C.) to avoid any form of physical confrontation with the workers of BJYM there was ample amount of preparation such as traffic barriers strengthened with iron rods and wooden frames to pacify the mob and not allowing cross of the said boundary. At about 11 a.m., the workers of BJYM started to assemble at Noukaghat More. At about 12.15. p.m., leaders of BJP started delivering speeches to the mob with the intention to provoke them so as to encourage them to resort to violence. At about 2.15.p.m., the mob proceeded towards Tinbatti More where they were restrained by Senior Police Personnel who requested them to go back. Under the instruction of senior leaders the mob turned unruly and a section of them started stone pelting and tried to break barricades. Police in retaliation used water cannons to disperse the mob. They got dispersed initially but came back again to attack the police who then charged the mob with tear gas shells and at around 3.45 p.m., the mob got dispersed. As a sequel, the complaint was lodged against 14 persons by name and 3000 others including the petitioners herein.

CRR 2 of 2021

3. On 07.12.2020, Pareek Barman, SI of Police, SPC lodged a written complaint which was registered under FIR No. 1425 of 2020 under Section 147, 148, 149, 427, 307, 353, 332, 333,435, 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 Prevention of Damage to Public Property Act, 1984 (hereinafter referred to as PDPP Act) read with Section 25 & 27 of the Arms Act. Corresponding to GR Case no. 5319 of 2020, alleging inter alia, and tried to take control of ‘Uttarkanya’, 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 03.11.2020) with effect from 09.11.2020 to 07.1.2021 as ordered by Commissioner of Police, Siliguri Police Commissionerate to avoid any form of physical confrontation with the workers of BJYM there was ample amount of preparation such as traffic barriers strengthened with iron rods and wooden frames to pacify the mob and not allowing cross of the said boundary. At about 11 a.m., the workers of BJYM started to assemble at Noukaghat More. At about 12.15.p.m., leaders of BJP started delivering speeches to the mob with the intention to provoke them so as to encourage them to resort to violence. At about 2.15 p.m., the mob proceeded towards Murder More where they were restrained by Senior P