Nityananda Chatterjee @ Nitai vs State of West Bengal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Cal) 563

SHAMPA DUTT (PAUL)
Nityananda Chatterjee @ Nitai – Appellant
Versus
State of West Bengal – Respondent

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

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