The court upheld that a Magistrate's authority under Section 156(3) is limited to cases within territorial jurisdiction, dismissing the application due to lack of substantiated evidence.

JUDGMENT :

Ajay Kumar Gupta, J.

1. Petitioner has preferred this Criminal Revisional Application under Sections 397 , 401 read with Section 482 of the Cr.P.C., challenging the legality, correctness, and propriety of an order dated 04.08.2023, passed by the Learned Additional Chief Metropolitan Magistrate Court-I at Calcutta in Misc. C Case No. 75 of 2023 under Sections 153 /153A/295A/298 of the Indian Penal Code, 1860 whereby and whereunder the application u/s 156(3) of the Cr.P.C. was dismissed for want of jurisdiction.

2. The brief facts of the case are that the petitioner, who works as a Secretary at Bishwa Hindu Parisad (an Organization), lodged a written complaint before the Officer-in-Charge, Shyampukur Police Station, as well as before the Deputy Commissioner of Police on 02.05.2023 and 10.05.2023, respectively, by Speed Post with A/D. The complaints were received by the said authorities. The allegation was to the effect that one Nachiketa Chakraborty (a Bengali singer, composer and musician) during a live concert, tried to provoke the common people, particularly citizens of India and outraged the religious sentiments of the followers of Lord Ram by narrating the following term:-

“apnara nijerai bujhte parchenna ora ki paap koreche ora jonmiyeche, saradin ekta bachchake engage kore rakhe, school to basically odbhut ekta jontrer moto, mane nana rokom project diye dichce bachcha der, amra sala jibone eisob korin, sara raat jege take project korte hoche, sala teacher rao jane sobai jane ota onnolok kore dichch, or baba kore diche bari theke onnolok kore dichche, oi project ta kore dite hobe, sale project kore kihobe, ki hoyeche, Kono kaje laglona, amar meyeke to dekhlam boro hoye galo project gulo to kono kajer noi, to ei je engage kore rakha, ekta bachcha golper boi porte parchena, valo cinema dekhte parchena, ei jaiga gulo bondo kore debar mane bujhte paren? Kotoboro sorbonas hoche, ekta bachchar kolpona sokti nosto hoye jachche, Bharotborsher manusher moto hoye jabe, bujhechen? Ramer name ei gola katte chole jabe, ei jonnoi hoche....... o to gadhai hobe Bharotborsher loker moto aar ki.”

3. The petitioner alleged that even after receiving the said complaint, the police authorities were reluctant to lodge a complaint against the aforesaid Nachiketa Chakraborty. As a result, the petitioner was compelled to file an application under Section 156 (3) of the CrPC, before the Learned Additional Chief Metropolitan Magistrate, Court-I at Calcutta, being Misc. C. Case No. 75 of 2023 praying for an order for directing the Officer-in- Charge, Shyampukur Police Station, to register an F.I.R. against the accused for committing offences under Sections 153 /153A/295A/298 of the IPC , and cause an investigation in respect of the aforesaid matter, and submit a report before the Learned Court.

4. The petitioner alleged that after perusal of the allegations, the Learned Magistrate was pleased to call for a report from the O.C., Shyampukur P.S. and to fix a date for further hearing of the said matter on 04.08.2023.

5. A report was filed by the O.C. stating, inter alia, that the petitioner failed to produce any documents and information of the date, time and place of the live concert of Nachiketa Chakraborty. The report further disclosed that he failed to prove having attended the concert or even having visited the spot where the said alleged live concert had been held.

6. It is significant to mention here that in the aforesaid police report, it was further revealed that the alleged accused was neither a resident under the said jurisdiction nor did he perform a live concert under Shyampukur PS.

7. The petitioner alleged that neither did the Learned Magistrate pursue the materials on record nor did he appreciate the recent judgment of the Hon’ble Supreme Court, where it was stated that as and when any hate speech or any action takes place which attract offences under Sections 153A, 153B and 295A and 505 of IPC etc., a suo moto action should be tak