IMPORTANT POINT
The court established that criminal proceedings can be quashed if they are found to be maliciously instituted without substantial evidence.

JUDGMENT :

SUVRA GHOSH, J.

1. The petitioner has sought quashing of proceeding being G.R. case no. 471 of 2023 pending before the learned Additional Chief Judicial Magistrate, Bishnupur, Bankura on the ground that he has been falsely implicated after switch of political allegiance on 9th January, 2019.

2. Learned counsel for the petitioner has submitted that thirteen criminal cases have been foisted against the petitioner from January, 2019. In the present case, though charge sheet has been submitted under sections 143/189/323/332/353/354A/505(1)/500/506/509/109/34 of the Indian Penal Code, the said offences have not been made out either in the complaint or during investigation. The charge sheet demonstrates that on-duty police personnel were pushed by the mob as a result of which two constables fell on the ground and sustained minor injuries. The FIR is an abuse of the process of law and the proceeding has been maliciously instituted with an ulterior motive to wreck vengeance against him since he is a member of the rival political party.

3. Referring to Articles 105 and 194 of the Constitution of India, learned counsel has emphasised on the right to speech of the petitioner who was addressing the women of a self-help group on the relevant date and was neither member of an unlawful assembly, nor was indulging in provocative speech which may have led to mob unrest resulting in breach of peace and tranquillity. The petitioner has only raised his voice against the high-handed attitude and conduct of the Inspector-in-charge, Sonamukhi Police Station and had no personal or political vendetta against him. The FIR was lodged at an unexplained delay of a couple of days. The Inspector-in-charge was not present at the place of occurrence at the relevant time and though he is the person aggrieved in this case, the complaint was lodged before him.

4. Learned counsel has placed reliance on the authorities in Haji Iqbal alias Bala v/s. State of U.P. and Others reported in (2023) SCC OnLine SC 946, Kuldip Yadav and Others v/s. State of Bihar reported in (2011) 5 SCC 324, and Mahmood Ali and Others v/s. State of U.P. and Others in Criminal Appeal No. 2341 of 2023 in support of his contention.

5. Per contra, learned counsel for the State has produced a pen-drive containing recording of the statement made by the petitioner and has submitted that the entire speech of the petitioner who is a law maker is absolutely derogatory.

6. Placing reliance on the authorities in Neeharika Infrastructure Private Limited v/s. State of Maharashtra and Others reported in (2021) 19 SCC 401, Tapas Kumar Khan v/s. State of West Bengal & Anr. reported in 2007 SCC OnLine Cal 472, Renu Kumari v/s. Sanjay Kumar and Others reported in (2008) 12 SCC 346, Monica Kumar (Dr.) and Another v/s. State of Uttar Pradesh and Others reported in (2008) 8 SCC 781 and Sachchinanda Singh v/s. State of West Bengal & Anr. reported in (2008) SCC OnLine Cal 185, learned counsel has submitted that evidentiary material collected during investigation discloses a prima facie case of commission of the alleged offences. The prosecution cannot fail merely on the ground of malafide.

7. I have considered the rival submission made on behalf of the parties, material on record including the recording stored in the pen-drive and the law on the point.

8. At the outset, it is necessary to indicate that Articles 105 and 194 of the Constitution of India deal with powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof and powers, privileges, etc., of the House of Legislatures and of the members and committees thereof respectively and with freedom of speech in the Parliament/Legislature and as such, have no manner of application in the present case.

9. Charge sheet has been submitted against the petitioner under sections 143/189/323/332/353/354A/505(1)/500/506/509/109/34 of the Indian Penal Code. Each of the said allegations vis-à-vis the material on record disclosed in the c