Amit Prakash Agarwal vs State of West Bengal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Cal) 77

SHAMPA DUTT (PAUL)
Amit Prakash Agarwal – Appellant
Versus
State of West Bengal – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Anirban Dutta, Mr. Abhijit Sarkar.
For the Respondent: Mr. Arijit Ganguly, Mr. Anindya Sunder Chatterjee, Ms. Sreemayi Roy.

JUDGMENT :

Shampa Dutt (Paul), J.

1. The present revisional application has been preferred praying for quashing and/or setting aside of the impugned charge sheet being no. 392/2020 dated 30.11.2020 under Sections 447/448/509/354/323/504/506/34 of the Indian Penal Code, 1860 arising out of Chanditala P.S. Case No. 325 of 2020 dated 22.10.2020 under Sections 427 /447 /448 /509 /354B /323 /325 /504 /506 /120B /34 of the Indian Penal Code, 1860 pending before the Court of the learned Additional Chief Judicial Magistrate at Serampore, Hooghly.

2. The allegations in the petition of complaint filed under Section 156 (3) Cr. PC is as follows:-

“That the accused persons have nexus with anti-social elements and as the complainant and her family members are poor, so, the accused persons have been terrorizing them time and again and they have been continuously threatening them with dire consequences to grab the above mentioned property. That on 12.10.2020 at about 1 p.m. to 1.30 p.m. the accused persons illegally assembled with intention to grab the property at J.L. No. 69, Mouza- Jay Kishnapur, R.S. Dag No. 679, L.R. Dag No. 716, L.R. Khatian No. 2759 (which is still in possession of the complain