Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Cal) 563

IN THE HIGH COURT AT CALCUTTA
SHAMPA DUTT (PAUL), J.
Nityananda Chatterjee @ Nitai – Petitioner
Versus
The State of West Bengal and Another – Respondents
CRR No. 1575 of 2020, CRAN No. 1 of 2021
Decided On : 08-02-2024

Advocates:
Advocate Appeared:
For the Petitioners: Phiroz Edulji, Roustavi Mukherjee, Rajnandini Das, Soumali Choudhury.
For the Respondents: Sudip Ghosh, Sujata Das.

The main legal point established in the judgment is that for offenses of abetment and statements conducing to public mischief, the intention and promotion of enmity or hatred between different groups are essential elements that must be proven.

Headnote:
Abetment - Criminal Proceedings - Indian Penal Code, 1860, Section 115, Section 505(1)(b)
Fact of the Case:

The petitioner was accused of spreading hate-mongering rumors with the intention to harm a local political leader. The petitioner's arms and licenses were seized, and the District Magistrate revoked the arms license. The petitioner alleged that the case was filed to force him to endorse the opinion of the political leader.
Finding of the Court:

The court found that there was no prima facie case against the petitioner for the alleged offenses of abetment and statements conducing to public mischief.
Issues: The issues revolved around the alleged abetment of an offense and the statements made by the petitioner, leading to the filing of the case.
Ratio Decidendi: The court cited legal provisions from the Indian Penal Code, including Section 115 and Section 505(1)(b), and referenced previous judgments to establish the elements required for the offenses alleged.
Final Decision: The court quashed the criminal proceedings against the petitioner and ordered the disposal of all connected applications. The interim order was vacated, and the judgment was to be sent to the trial court for compliance.

JUDGMENT :

SHAMPA DUTT (PAUL), J.

1. The present revision has been preferred praying for quashing of proceedings being Ausgram Police Station Case No. 298/2020 dated 22.09.2020 under Sections 115/505(1)(b) of the Indian Penal Code, 1860 (corresponding to G.R. No. 3179/2020), now pending before the Court of the Learned Chief Judicial Magistrate, Purba Bardhaman.

2. FACTS:

The petitioner states that one Sk. Sujauddin (hereinafter referred to as the “informant”) lodged a complaint with the Officer-in-Charge of Ausgram Police Station, alleging that:

A few days prior to the lodging of the complaint, hate-mongering rumours had been spread with an intention to kill the local AITMC leader, Anubrata Mondal @ Keshto. In fact, the informant came across a voice message, in which a person called Nitai Chatterjee was found to be instigating to kill Anubrata Mondal @ Keshto and extort money. Subsequently, the informant and his associates gathered information and came to learn that the petitioner, who is otherwise a dangerous man, had spread such inflammatory rumours. The petitioner has previously been implicated in several Criminal cases. Consequently, the informant suspected that the petitioner might cause harm to the local AITMC leader, Anubrata Mondal @ Keshto.

3. On the basis of the aforementioned complaint, Ausgram Police Station Case No. 298/2020 dated 22.09.2020 was registered against the petitioner under Sections 115/505(1)(b) of the Indian Penal Code, 1860 for investigation.

4. On 05.10.2020, a voice sample of the petitioner was recorded by the investigating agency before the Learned Judicial Magistrate, 3rd Court, Purba Bardhaman.

5. The petitioner states that the petitioner held a licence (being No. 124/81 of Ausgram Police Station) to use .12 Bore DBBL Gun No. 4046 manufactured by Khurmi Gun and Co. The petitioner also held a licence (being No. 426/81 of Ausgram Police Station) to use .32 Bore Revolver bearing No. C-0510 manufactured by Small Arms Co. The petitioner has been in lawful possession of the gun and the revolver under proper licence for about 40 years. The petitioner has been duly renewing the licenses from time to time and both the licences were valid till 31.12.2021.

6. A search and seizure at the house of the petitioner when he was in police custody led to seizure of a .32 Bore Revolver bearing No. C-0510 and .12 Bore DBBL Gun No. 4046. Two bullets of .12 Bore were also recovered. On the basis of the said reports, the officers prayed for revoking the arms licences of the petitioner, which the District Magistrate, Purba Bardhaman was pleased to allow vide order dated 28.09.2020 with a direction upon the petitioner to deposit the arms and the licences with the District Magistrate. However, the petitioner could not do so, because on 26.09.2020, during the course of the investigation of the instant case, the investigating agency had already seized both the arms and their licences from the house of the petitioner under a formal seizure list on 26.09.2020. On 01.10.2020 another raid was held at the house of the petitioner, however no seizure was made. Being aggrieved by the revocation of the arms licenses and the seizure of the arms and the licences by the investigating agency, the petitioner addressed a representation dated 12.10.2020 to the District Magistrate, Purba Bardhaman and the Superintendent of Police, Purba Bardhaman, requesting for cancelling the order of revocation. However, such representation has not been acted upon till date.

7. The petitioner states that in the meantime, vide an order dated 05.10.2020, the Learned Chief Judicial Magistrate, Purba Bardhaman was pleased to enlarge the petitioner on bail, in which the Learned Chief Judicial Magistrate was pleased to observe that there had been no further development in the investigation.

8. The petitioner states that he is a member of an All India Political Party, of which Anubrata Mondal @ Keshto is also a member. There have been differences of opinion amongst the mem