The main legal point established is the power of the Court to quash criminal proceedings under Section 482 of the Code of Criminal Procedure, 1973, based on the principles of abuse of process of law and lack of sufficient evidence.

JUDGMENT :

Ajay Kumar Gupta, J:

1. This instant Criminal Revisional application has been filed by the Petitioners / accused persons under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of proceedings of G.R. Case No. 1343/2018, pending before the Court of the Learned Additional Chief Judicial Magistrate, Serampore, Hooghly, arising out of Chanditala Police Station Case No. 245/2018 dated 18th June, 2018, under Sections 341/354B/506/34 of the Indian Penal Code, 1860 and also praying for setting aside the order dated 7th February, 2019 passed by the learned Additional Chief Judicial Magistrate, Serampore, Hooghly in the aforesaid proceeding thereby taken cognizance against the petitioners on the basis of final report submitted being Charge Sheet No. 372/2018 dated 28.09.2018 under Sections 341/323/354/506/34 of the Indian Penal Code, 1860.

2. The factual matrix is relevant for the purpose of disposal of this case as under:

The Opposite Party No. 2 being an Assistant Teacher, Saint Stephen’s School, Dankuni lodged in her individual capacity a complaint against the petitioners resulted an FIR being Chanditala Police Station Case No. 245/2018 dated 18.06.2018 punishable under Sections 341/354B/506/34 of the Indian Penal Code to the effect that the petitioner no. 1, Ex-Principal Saint Stephen’s School, Dankuni forcibly outraged her modesty and tried to obtain her signature forcibly in the transfer order and also transferred her to other school and other accused persons have tortured her mentally by alleging falsely allegation and standby with the petitioner no. 1 and supported him. Whereas the contention of the Petitioners is that the allegation against the petitioners is out and out false, frivolous and concocted only to harass the Petitioners and counter blast of her transfer order.

3. Under the above circumstances, this case has come up before this Bench for disposal.

SUBMISSION ON BEHALF OF THE PETITIONERS:

4. Mr. Basu, learned Sr. Advocate appearing on behalf of the Petitioners submitted that the allegation is nothing but a retaliation to her transfer order dated 15.06.2018 issued as per the decision of the School Managing Committee wherein the petitioner no. 1 holds the post of Secretary and other petitioners being senior co-ordinators, informed the transfer of the de-facto complainant to Saint Stephen’s School, Budge Budge. The said transfer order was issued after holding a meeting and finally decided by the School Managing Committee. Transfer order was issued and the same was communicated to her as such obtaining her signature forcibly on the transfer order is baseless and false allegation. The complaint lodged by the opposite party no. 2 is frivolous, malicious and grossly an abuse of process of law. Even after investigation, no sufficient materials collected against the Petitioners by the investigating officer. Investigating officer had surreptitiously jumped and filed charge sheet without sufficient materials against the petitioners/accused persons, who are respectable members of the society vide Charge Sheet No. 372/2018 dated 28.09.2018 under Sections 341/323/354/506/34 IPC.

5. It is further submitted that the learned Court below without considering the materials available in the charge sheet, erroneously and mechanically took cognizance on 07.02.2019 which is illegal and liable to be set aside. Learned advocate appearing on behalf of the petitioners also placed a reliance of a judgment reported in Thesima Begam and Ors. vs. State of Tamil Nadu, (2020) 14 SCC 580 to support his contention that the investigating officer has filed charge sheet against all the accused persons mechanically and without application of mind though there is no sufficient material collected during the investigation. It is totally an abuse of process of law and to ensure the ends of justice, this proceeding is required to be quashed otherwise petitioners would suffer and prejudice greatly.

SUBMISSION ON BEHALF OF THE STATE:

6. On the