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IN THE HIGH COURT AT CALCUTTA
CHAITALI CHATTERJEE DAS
Indra Deo Dubey – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT :
CHAITALI CHATTERJEE DAS, J.
1. This is an application filed under section 528 of B.N.S.S, 2023 read with section 442 of B.N.S.S 2023 filed by the by the petitioners for quashing of the proceeding in connection with G.R Case No.1919 of 2024 arising out of Shibpur P.S Case No.154 of 18.4.2024, under section 188 of Indian Penal Code and Section 15 of the Environmental Protection Act, pending before Learned CJM at Howrah Kolkata, Sadar, Howrah.
2. The case of the petitioner are that they are the active members of Vishwa Hindu Parishad. The petitioner No.1`being the convenor of Ram Navami Shobha Yatra Rally scheduled to be held on 17.4.2024 from B.E College gate No. 1 to Ramkrishnapur Ghat along with GT Road, which was not allowed for procession through the said route. Having no other alternative a writ petition was filed being W.P.A number 9937 of 2024 before the Hon’ble High Court at Calcutta for permission for procession and prayed for appropriate relief. On 15.4.2024 an order was passed, permitting the petitioners to take out the procession of Ram Navami through the said route as prayed for between 3 P.M. to 6 P.M., subject to certain conditions and other mandatory direct
The court found insufficient evidence to support charges under Section 188 IPC, emphasizing that lawful actions complying with judicial orders do not constitute an offence.
Charges against the petitioner were quashed for lack of evidence supporting the alleged violations, emphasizing the need for valid grounds in prosecutions related to conduct during public events.
The inability of police to register FIR under Section 188 IPC without a written complaint from an authorized public servant renders proceedings unsustainable.
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