IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CRIMINAL REVISIONAL JURISDICTION Present:

The Hon’ble Justice Ananya Bandyopadhyay C.R.R. 113 of 2021 Sri Protip Roy Basunia -Vs-

The State of West Bengal & Anr.

For the Petitioner : Mr. Avrojyoti Das Mr. Pritam Roy For the State : Mr. Aditi Shankar Chakraborty Mr. Nilay Chakraborty Heard on : 08.05.2023, 11.05.2023.

Judgment on : 12.05.2023 Ananya Bandyopadhyay, J.:-

1. Kotwali P.S. Case No. 325/2021 dated 06.05.2021 under Sections

504/505/506/120 of the Indian Penal Code 1860 was instituted on the basis of a complaint dated 06.05.2021 filed by the defacto complainant Anirban Sarkar inter alia alleging to have noticed certain comments on the Facebook profile of Pradip Basunia, Uttam Mondal, Tapaas Karmakar, Ashim Roy, Adaitya Barman which were “spreading communal hatred and violence amongst the people of society,” which according to him were “unauthentic, uncalled for and unwarranted.”

2. The petitioner has filed the instant Criminal Revisional Application seeking for a direction from this Court to quash the aforesaid Kotwali P.S. Case corresponding to G. R. Case No. 577 of 2021 pending before the Court of the Learned Chief Judic