Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Cal) 28

IN THE HIGH COURT AT CALCUTTA
SHAMPA DUTT (PAUL), J.
Susmita Maity Jana – Petitioner
Versus
The State of West Bengal and Another – Respondents
C.R.R. No. 849 of 2022
Decided On : 08-01-2025

Advocates:
Advocate Appeared:
For the Petitioners: Anirban Dutta, Sujit Banerjee
For the Respondent: Sreyashree Biswas

The court quashed the FIR under the SC/ST Act, finding no prima facie evidence of a cognizable offence, emphasizing the abuse of legal process.

Headnote:(A) Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 - Section 3(1)(r)(s) - Quashing of FIR - The petitioner, a headmistress, faced false allegations after reporting misappropriation of funds in a girls' hostel - The court found no prima facie evidence supporting the allegations, indicating the proceedings were an abuse of process. (Paras 1, 16, 19)

(B) Criminal Procedure Code, 1973 - Section 482 - Inherent powers of the High Court - The court emphasized that it can quash proceedings if they are manifestly attended with mala fides or do not disclose a cognizable offence. (Paras 10, 16)

Facts of the case:
The petitioner, after reporting corruption in a hostel, faced false allegations and was restrained from her duties by political supporters of the accused. (Paras 2, 8, 12)

Findings of Court:
The court found no materials in the case diary to support the allegations against the petitioner, thus quashing the FIR. (Paras 14, 19)

Issues: The main issues were whether the allegations constituted a cognizable offence and if the proceedings were an abuse of process. (Paras 10, 16)

Ratio Decidendi: The court ruled that the allegations did not meet the threshold for a cognizable offence under the SC/ST Act, and the continuation of proceedings would be an abuse of the process of law. (Paras 10, 16)

Result: The proceedings against the petitioner were quashed.

JUDGMENT :

SHAMPA DUTT (PAUL), J.

1. The present revisional application has been preferred praying for quashing of Debra PS FIR No. 83 of 2022 dated 13th February, 2022 converted into Spl Trial Case No. 21 of 2022 9R-20/2022) pending before the learned Additional Sessions Judge, 1st Court, Paschim Midnapore, under Section 3(1)(r)(s) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.

2. The petitioner’s case in short is as follows:

(ii) In the year 2006, the petitioner became a head mistress of the said school and thereafter in the year 2012, she was transferred to Chaksahapur Primary School under the Debra east circle.

(iii) After joining in the said school, she came to know that the head mistress of Chaksahapur Primary School is also holding and/or responsible as one of the cheques issuing authority for a nearby hostel for primary girls under the name and style of Lodha Hostel. Another person for cheque signing authority for hostel was the superintendent of that school. Such responsibility was by way of default under the scheme of the Government of West Bengal.

(iv) Thus, whenever caretaker of the hostel used to come with an estimate and cheque for signing, the petitioner used to sign the cheques as one of the signatories thereof for said Lodha Hostel.

(v) From 2012 to 2017 one Smt. Nanu Singh was caretaker of the girls hostel and still continuing with the same. She is the supporter of one local Panchayat Member Mr. Sanjay Mallick and Mr. Shib Shankar Adhikary.

(vi) The petitioner noticed that the students who attended the school were not wearing new uniforms and suffering from skin diseases though State Authorities were providing the said facilities to the hostel girls. The petitioner on finding that the hostel superintendent was not providing the same, lodged complaints on 2nd June, 2017, 5th June, 2017 and 19th June, 2017 with the local BDO, Additional District Magistrate, Paschim Midnapore against the aforesaid activities of the then hostel superintendent.

(vii) As the petitioner stopped signing the cheques for the hostel, the opposite party no. 2 started a false propaganda against the petitioner about misappropriation of food items along with Mr. Sanjay Mallick, Ex-Panchayat.

(viii) The then elected Panchayat Member Mr. Samar Bhokta, after investigation of whole allegations and counter allegations filed a report with the local BDO Authority disclosing inter alia the nexus between the erstwhile Gram Pradhan (Mr. Shib Sankar Adhikary) and said Sanjay Mallick and the then hostel superintendent, Mrs. Nanu Singh and it was clearly indicated that due to the syndicate and nexus between the aforesaid persons, children of the hostel were suffering.

(ix) The Chairman of District Primary Council, Paschim Midnapore, arranged a hearing on the basis of said complaint. On the date of hearing on 27th July, 2017 aforesaid political persons not only personally appeared but they also arranged their blind supporters who started shouting against the petitioner at the indication of those two political persons before the said Chairman of District Primary Council, Paschim Midnapore.

(x) On 20th January, 2018, the petitioner was temporarily transferred to one Paramhansha Part Basic Primary School which is situated 9 Kms from Balichak.

(xi) On or about 27th December, 2021, the petitioner received a letter from the office of the Chairman of District Primary Council, Paschim Midnapore directing the petitioner to join in her mother school, Chaksahapur Primary School.

(xii) Unfortunately, on 30th December, 2021 when the petitioner went to join in the aforesaid mother school, the said persons of the political party restrained her to enter into the teachers’ room of the said school. Mr. Sanjay Mallick was now elected Panchayat Member and he was making hue and cry against her so that she cannot assume the charge as the head