The court quashed criminal proceedings due to police failure to follow procedural mandates, highlighting the necessity for judicial oversight to prevent abuse of process and protect individual rights.

JUDGMENT :

Ajay Kumar Gupta, J.

1. The petitioners in the instant case have been arraigned and implicated in the criminal proceedings being GR Case No. 388/2021 arising out of Park Street Police Station Case No. 42 dated 29.03.2021 under Sections 283/188 of the Indian Penal Code, 1860, presently pending before the Court of the Learned 9th Metropolitan Magistrate at Calcutta. The petitioners have preferred this Criminal Revisional application under Section 482 of the Cr.P.C., thereby seeking quashing of the proceeding.

2. The brief facts of the case are that the petitioner no. 1 was the State Secretary of Mahila Morcha of an opposition party of the State, and petitioner no. 2 was the candidate for the Ballygunge Assembly constituency belonging to the same opposition party. On 29th March, 2021, in the afternoon, the petitioners, along with some party workers, had gone to offer prayers at the Mallickbazar Kali Temple. While on the street near the Temple, they were attacked by a mob of around 50-60 miscreants. They attacked and pushed the petitioner no. 2 to the ground. They also molested and pushed the petitioner no. 1 to the ground. Petitioner no. 1 and other party workers suffered severe injuries due to a sudden attack and were treated at NRS Medical College and Hospital.

3. A complaint was lodged with the Officer-in-Charge, Park Street Police Station, on 29th March, 2021, along with medical documents of the injured persons. However, instead of taking steps in line with the complaint of the petitioners, the police authority initiated the instant proceeding against the petitioners and many others.

4. It was alleged that on 29th March, 2021, in between 18:25 hours to 19:25 hours, the petitioners, along with the opposition party workers, under the leadership of Lokenath Chatterjee, candidate of the opposition party, Ballygunge Assembly, and Debdutta Majhi, blocked the Park Street main road, to protest against various issues, obstructing vehicular and pedestrian movement, violating Model Code of Conduct issued by the Election Commission of India.

5. It was further alleged that senior officials, as well as other officials of the Park Street PS, tried to convince them to remove the roadblock, and ultimately, at 19:25 hours, they dispersed and normal traffic movement was restored. FIR No. 42 dated 29.03.2021 was registered under Sections 283/188 of the Indian Penal Code, 1860, against eight known persons and 50 to 60 unknown persons, on the basis of the aforesaid allegations.

6. Learned counsel appearing on behalf of the petitioners vehemently argued and submitted that due to a political vendetta, the police authority implicated the petitioners in a false and fabricated case without sufficient materials, upon the insistence of the ruling party to harass the petitioners for illegal gain.

7. In addition to the aforesaid, the learned counsel submitted that the instant case should be quashed as the Charge Sheet was not filed within the statutory period fixed under Section 167 (5) of the Cr.P.C. The learned Magistrate should have discharged the petitioners instead of taking cognizance of the offence, since the charge sheet was filed on 5th April, 2022, i.e. more than a year later, without any prior permission.

8. The learned counsel further submitted that since the investigation of the alleged offences under Sections 283/188 of the IPC could not be completed within six months, the bar of taking cognizance in terms of Section 468 (2)(a) of the CrPC categorically applies. Therefore, the trial court erred in taking cognizance of the offences under Sections