IMPORTANT POINT
The absence of prima facie evidence in criminal allegations justifies quashing proceedings to prevent abuse of the judicial process.

JUDGMENT :

Shampa Dutt (Paul), J.

1. The present revision has been preferred praying for quashing of the proceedings being G.R. Case No. 89 of 2022 arising out of Uluberia Police Station Case No. 13 of 2022 dated 15.01.2022 under Sections 341/323/354/506/34 of the Indian Penal Code, 1860, now pending before the court of the Learned Additional Chief Judicial Magistrate at Uluberia Howrah and the subsequent charge-sheet submitted, being Charge-Sheet No. 190 of 2022 dated 05.09.2022 under Sections 341/323/354/506/34 of the Indian Penal Code, 1860.

2. The petitioner no.1 herein is the father of the petitioner no.2 and posted at the Dhulagarh Sub-Traffic Guard under Dhulagarh Traffic, Howrah Police Commissionerate and the petitioner no. 2 is a student by profession.

3. The petitioners state that after purchasing a plot of land, the wife of the petitioner no.1 and the mother of the petitioner no.2 became the absolute owner in respect of the same and are enjoying its right, title and interest since the date of purchase.

4. The petitioners state that:-

After purchasing a plot of land and after mutation, a boundary wall was proposed to be erected around the said land purchased by the wife of the petitioner no.1, but on 05.11.2021 some female persons, namely Sarbari Sultana, Sabana Khatun and Rojmina Khatun, along with other female persons, all on a sudden, came to the plot of the wife of the petitioner no.1 and obstructed the work of boundary construction going on over the plot of the wife of the petitioner no.1. The wife of the petitioner no.1 made endeavour to make them understand that she constructed the boundary wall on her own purchased plot of land and she is in possession of the requisite and relevant documents in order to prove her ownership over the said plot of land, but instead of such endeavour of the wife of the petitioner no.1, the said female hooligans of the locality forcibly stopped the construction work going on over the plot of land of the wife of the petitioner no.1. The said female hooligans also abused and threatened the wife of the petitioner no. 1 that if the construction work continued, she will have to face the consequences.

5. The petitioners state that the wife of the petitioner no.1 duly communicated, such act of the local female hooligans before the Inspector-in-Charge, Uluberia Police Station by a letter dated 05.11.2021, so that she can protect her own life and property in accordance with law. But the police authorities did not take any appropriate steps.

6. That as the police authorities did not take any step against such hooliganism of the local female persons, the wife of the petitioner no.1 filed an application under Section 144 of the Code of Criminal Procedure, 1973 before the learned Sub-Divisional Executive Magistrate at Uluberia, Howrah against Sarbari Sultana, Rojmina Khatun, Nafisa Khatun, Farha Khatun, Sabana Khatun and others and the same was registered as Misc. Case No. 702 of 2021 thereby praying for passing order to protect her physical possession over the plot of land owned and possessed by the wife of the petitioner no.1.

7. On the said date itself, i.e. on 08.11.2021, the learned Sub-Divisional Executive Magistrate at Uluberia, Howrah was pleased to direct the Inspector-in-Charge, Uluberia Police Station and the concerned Block Land and Land Reforms Officer, Uluberia-1 regarding the possession over the said land and submit an inquiry report along with authenticated LOR. Uluberia Police Station was also directed to ensure that no illegal activity takes place and that peace and tranquility is maintained at the locality.

8. The wife of the petitioner no.1 has also filed a suit for declaration and injunction before the Learned Civil Judge (Junior Division), 1st Court at Uluberia, Howrah on 09.11.2021 against Sarbari Sultana, Rojmina Khatun, Asif Iqbal and Haroj Ali khan on the allegations that they are causing disturbance to the peaceful possession of the wife of the petitioner no.1 over the said l