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IN THE HIGH COURT AT CALCUTTA
SUBHENDU SAMANTA, J.
Srinjoy Bose – Petitioners
Versus
State of West Bengal & Ors. – Respondents
CRR 1933 of 2018, IA CRAN 5 of 2020(Old No. CRAN 620 of 2020), CRAN 6 of 2020(Old No. CRAN 1327 of 2020), CRAN 11 of 2022, CRAN 12 of 2023, CRAN 13 of 2023, CRAN 14 of 2023 With CRR 1523 of 2018, IA No. CRAN 9 of 2022, CRAN 10 of 2022
Decided On : 29-07-2024
Quashing - Criminal Procedure - Code of Criminal Procedure 1973, Section 202; Indian Penal Code 1860, Sections 500, 501, 228A - The court emphasized the mandatory requirement of conducting an inquiry under Section 202 before issuing process against accused, highlighting the need to prevent false complaints and ensure due process.
Fact of the Case:
The case involves a complaint filed against media houses for defamation and violation of privacy, stemming from allegations made by the complainant's family members. The complainant argued that the media's publication infringed upon their reputations and identities.
Finding of the Court:
The court found that the magistrate failed to conduct the mandatory inquiry as required under Section 202 of the Cr.P.C. before issuing process against the accused, rendering the process illegal.
Issues: Whether the magistrate issued process without complying with the provisions of Section 202 of the Cr.P.C. and whether the accused were entitled to quash the proceedings.
Ratio Decidendi: The court held that the requirement of conducting an inquiry under Section 202 is not an empty formality and is essential to filter out false complaints, especially when the accused resides outside the jurisdiction.
Result: The impugned order was set aside, and the matter was remitted back to the magistrate for a mandatory inquiry under Section 202.
JUDGMENT :
(Subhendu Samanta, J.) :
1. These are two applications u/s 482 of the Code of Criminal Procedure 1973 for quashing a proceeding being AC Case No. 4115 of 2017 u/s 500/501/228A of IPC 1960 pending before Learned Additional Chief Judicial Magistrate, South 24 Parganas, Alipure.
2. Brief fact of the case is that on 15th December 2017, a complaint was filed by the opposite party No. 2 and 3 alleging commission of offence punishable u/s 500/501/228 of IPC against 04 accused persons. All of them are the media houses. Amongst them two accused persons filed these separate two criminal revisions for quashing the said complaint.
3. The brief fact of the complaint in a nutshell is that complainant No. 1 is renounced Surgeon Doctor, under the field of ENT and has earned good reputation in the locality after serving the community for more than 30 years. It is further case of the petitioner that he was involved with several reputed organisations and hospitals and earned good reputation from all concern. He also engaged in different social welfare activities. The Marriage between the complainant and his wife was solemnised on 27.02.1992 as per Hindu Rites and Customs. Out wedlock two female children were born on 03.10.1993 and 02.06.1995 respectively.
The complainant No. 2, elder daughter of complainant No 1, is also medical student perusing dental surgery course in a Medical College. She married with an engineer and her matrimonial family also had a good reputation. It is the further case of the complainant that his wife is suffering severe mental illness namely, schizophrenia (paranoid) for which she was admitted to various psychiatric hospital, nursing homes at different times. The younger daughter of the complainant No. 1 was also affected by her mother’s illness and is also suffering from mental illness namely delusional disorder.... for which she was also admitted different psychiatric hospitals.
4. The illness of the wife of the complaint was so serious that she used to run away from the house frequently, for that reason, the petitioner also filed several missing diary of the nearest PS. It is the further case of the complainant’s that in the month of September, 2011; while his wife was still away from home, she lodged complaint u/s-498A IPC against the complainant with P.S. Mahestala, under the influence of her mother with false allegation of physical and mental torture by the complainant.
5. In the year 2012, the wife of the complainant become more violent and aggressive and with the instigation of her mother, she filed an application u/s 227/ u/s 20.. of Indian Mental Health Act, 1987 before the Learned CJM, Alipur seeking necessary treatment of the wife of the complaint. It is the further case of the complainant that the wife of the complaint had given married to the first daughter while she was studying MBBS without the consent and permission of complainant. The younger daughter was also suffered the mental illness for which she was admitted in different hospital and treated there. However, the younger daughter was also admitted in a Medical College for her study and she had been admitted at the hostel.
6. In the 1st week of December, 2014. Both the younger daughter and the wife of the complainant fled away from their respective places and were not found on thorough search. Consequently the complainant filed the missing diary at Maheshtala Police Station. Suddenly on 18.12.2014 the wife and the younger daughter of the complainant accompanied by their counsel went to Maheshtala PS along with News Channel 24 Ghanta and filed complaint of sexual assault, molestation and attempt to commit rape against the present complainant. Accordingly the Mahestala Police Station registered Case bearing No. 1016 dated 18.12.2014 u/s 376/511/354A/354B/323 IPC
7. It is the further case of the complainant that, on the same day (18.12.2014), the “24 GHANTA” news channel telecasted the whole episode of making complaint by the younger daughte
Complaint filed by the respondent No.2 would be barred by Section 300 (1) of the Criminal Procedure Code being successive prosecution as for the very set of allegations, earlier complaint filed by th....
The Magistrate must conduct an inquiry under Section 202 Cr.P.C. before issuing process against accused residing outside jurisdiction to prevent harassment through false complaints.
The Magistrate's duty to conduct an inquiry under Section 202 CrPC before issuing process against an accused residing outside the court's jurisdiction is mandatory and not merely directory, and the M....
A Magistrate is required to conduct an inquiry under Section 202 of the Cr.P.C. before issuing process against an accused residing outside the jurisdiction of the Court to prevent the harassment of i....
The mandatory requirement of conducting an inquiry under Section 202(1) Cr.P.C. before issuing a summoning order, especially when the accused resides outside the territorial jurisdiction of the Magis....
The trial Court must conduct a sufficient inquiry under Section 202 before summoning an accused for defamation, ensuring no abuse of process occurs.
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