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2025 Supreme(Cal) 63
IN THE HIGH COURT AT CALCUTTA
AJAY KUMAR GUPTA, J.
Sri Probodh Chandra Roy & Anr. - Appellants
Versus
The State of West Bengal & Another - Respondents
C.R.R. 2214 of 2016
Decided on : 10-01-2025
For the Appellant : Mr. Apalak Basu, Adv., Ms. Sanghamitra Mridha, Adv.
For the Respondent: Ms. Faria Hossain, Adv., Ms. Sujata Das, Adv.
The court ruled that a charge sheet cannot stand against an individual without credible evidence linking them to the alleged offence, emphasizing the need for proper legal procedures.
Headnote:(A) West Bengal Land Reforms Act, 1955 - Section 4C and 4D - Quashing of Charge Sheet - Accused petitioners sought quashing of Charge Sheet under Section 4D, alleging no connection to the land in question and improper filing of the complaint - The court found no credible evidence against the petitioners, particularly the second petitioner, and ruled that the proceedings would be an abuse of process of law. (Paras 1, 20, 21)
(B) Criminal Procedure Code, 1973 - Section 482 - The court emphasized the need for proper investigation and adherence to legal procedures before filing charges against individuals. (Paras 8, 19)
Facts of the case:
The petitioners purchased land in 1991, constructed a building, and later sold it. They were accused based on a complaint regarding illegal activities on plots they did not own. (Paras 2, 3)
Findings of Court:
The court found insufficient evidence against the second petitioner and ruled that continuing the proceedings would be an abuse of process. (Paras 19, 21)
Issues: The main issues included the validity of the charge sheet against the petitioners and the proper authority to file complaints under the West Bengal Land Reforms Act. (Paras 8, 20)
Ratio Decidendi: The court held that the second petitioner could not be implicated solely based on her marital relationship and that the charge sheet lacked specific allegations against her. (Paras 17, 19)
Result: Charge Sheet No. 77 dated 31st January, 2014 and the proceedings are quashed.
JUDGMENT :
Ajay Kumar Gupta, J:
1. An application under Section 482 of the Code of Criminal Procedure, 1973 has been filed at the instance of the accused persons/petitioners herein seeking quashing of the Charge Sheet No. 77 dated 31st January, 2014 under Section 4D of the West Bengal Land Reforms Act, 1955 arising out of Sonarpur P.S. Case No. 582 of 2013 (G.R. Case No. 2476 of 2013).
2. The brief facts of the instant case according to the petitioners are that petitioner no. 1 purchased a land under Mouza – Karimpur under Sonarpur Police Station in the District of South 24 Parganas in the year 1991. Petitioner no.1 applied for Building Plan in the purchased plot and after getting the Plan sanctioned from Gram Panchayat, as per Panchayat Act, constructed a two storied building in the said plot. There was /is no water body in the land-in-question or its surroundings or its vicinity where the petitioners purchased the land. Petitioner no. 2 being the wife of the petitioner no. 1 has no connection with the said plot of land in question or construction thereof.
3. Due to old age, the petitioners sold the aforesaid building in the month of December, 2014 and for their convenience purchased a flat in the same apartment for their daughter.
4. Allegations made by complainant, the Block Land & Land Reforms Officer, Sonarpur Block to Inspector-in-Charge, Sonarpur Police Station, inter alia, that a news published on 23rd May, 2013 in the daily newspaper “Bartaman” and subsequently a direction was issued by the Sub Divisional Officer, Baruipur on 24th May, 2013 and on the basis of further enquiry was held on 24th May, 2013 for the same plot in question is found recorded in the name of the Collector, South 24-Parganas/different rayat. Plots are not part of East Kolkata Wetland area, and the complainant requested the police authorities to keep the constant vigil, so that illegal activities should be stopped immediately over the plots of land.
5. It was further case of the petitioners that the Block Land & Land Reforms Officer, Sonarpur Block requested the police authorities to take stern action against the miscreants, who are trying to change the classification of land without any prior permission from the respective authorities, and he encroached the three plots of land being Plot No. 45 of Mouza Karimpur and Plot No.46 of Mouza Karimpur, recorded as “SALI” and another Plot No. 136 of Mouza – Deyara as “BIL” and the police authority after enquiry, filed Charge Sheet without proper investigation and proper verification the law.
6. In the said proceedings, none of the plot holders of the aforesaid three plots were made accused. However, petitioners herein were made accused though they are not the owners of the aforesaid three plots and reason for making them accused in the aforesaid case is unknown to them. Despite the said facts, the petitioners surrendered before the Learned Court and were released on bail upon furnishing PR bond of Rs. 1000/- by the Learned Additional Chief Judicial Magistrate, Baruipur, South 24 Parganas. From the Parcha, there is no Wet land found within the area where the petitioner no. 1 had purchased land . Hence, this Criminal Revisional application.
SUBMISSION ON BEHALF OF THE PETITIONERS:
7. Learned counsel appearing on behalf of the petitioners filed written notes of arguments and the same has been taken on record.
8. It was further argued and submitted that the petitioners are no way connected with the instant case and they have been falsely implicated into this case. As per the relevant Act, the police authority has no right to file complaint under Section 4D of the West Bengal Land Reforms Act, 1955. Only Collector (District Magistrate) has authority to take action if anybody violates the order of Collector under Sub-Section 5 of Section 4C of the West Bengal Land Reforms Act, 1955. Therefore, procedure under Section 4C has not been followed by the District Magistrate being Collector or by the Block Land & Land Reforms
