The court quashed the FIR due to lack of prima facie evidence, ruling that the allegations did not constitute a cognizable offence and were maliciously instituted.

JUDGMENT :

SHAMPA DUTT (PAUL), J.

1. The present revisional application has been preferred praying for quashing of Debra PS FIR no. 181 of 2022 dated 18th April, 2022 under Sections 409/427/323/325/307/506 of the Indian Penal Code, 1860 read with Section 3(e)(s)(h) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.

2. The petitioners’ case in short is as follows:

(i) The petitioner no. 2 is the husband of the petitioner no. 1 and is involved in cultivation activities.

(ii) In the year 2003, the petitioner no. 1 joined as an assistant teacher in Morunia Primary School at Sankrail Jhargram.

(iii) In the year 2006, the petitioner no. 1 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.

(iv) 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.

(v) Thus, whenever caretaker of the hostel used to come with an estimate and cheque for signing, the petitioner no. 1 used to sign the cheques as one of the signatories thereof for said Lodha Hostel.

(vi) 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.

(vii) The petitioner no. 1 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 petitioners 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.

(viii) As the petitioner no. 1 stopped signing the cheques for the hostel, the opposite party no. 2 started a false propaganda against the petitioner no. 1 about misappropriation of food items along with Mr. Sanjay Mallick, Ex-Panchayat.

(ix) 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.

(x) 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 no. 1 at the indication of those two political persons before the said Chairman of District Primary Council, Paschim Midnapore.

(xi) On 20th January, 2018, the petitioner no. 1 was temporarily transferred to one Paramhansha Part Basic Primary School which is situated 9 Kms from Balichak.

(xii) On or about 27th December, 2021, the petitioner no. 1 received a letter from the office of the Chairman of District Primary Council, Paschim Midnapore directing the petitioner no. 1 to join in her mother school, Chaksahapur Primary School.

(xiii) Unfortunately, on 30th December, 2021 when the petitioner no. 1 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 P