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IN THE HIGH COURT AT CALCUTTA, CIRCUIT BENCH AT JALPAIGURI
UDAY KUMAR
Bishal Sarkar – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Uday Kumar, J.
1. This revisional application, filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)—a provision corresponding to the erstwhile Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.)—has been preferred by employees of the OLA showroom in Siliguri Bishal Sarkar and Souvik Das (hereinafter referred to as "the petitioners"), who prayed for quashing of Siliguri Police Station Case No. 46/2025, dated January 20, 2025, under Sections 316(2), 318(2), and 318(4) of the Bharatiya Nyaya Sanhita (BNS) 2024, as it amount to the abuse of process of court, and no prima facie case is established against them. This case was registered following a complaint by Arun Kumar Bothra (the complainant), the purchaser of an OLA scooter.
2. Facing incessant mechanical and operation problems in newly purchased Ola S1X+ Scooter (registration no. WB74BR9464) on February 8, 2024, from an OLA showroom near Jhankar More, Burdwan Road, Siliguri, for Rs. 1,05,728/-, it the root cause of this dispute. The complainant, Arun Kumar Bothra, noticed continuous mechanical and operational issues with the scooter, including sudden power-offs, unexpected shifts to parki
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