Back
2025 Supreme(Online)(Cal) 557
CALCUTTA HIGH COURT
MANOJ KUMAR SARKAR – Appellant
Versus
STATE OF WEST BENGAL AND ANR – Respondent
CRR 480 / 2024
Mr. Kunaljit Bhattacharjee, Adv., Mr. Haider Ali, Adv., Mr. Satyam Sarkar, Adv., Mr. Aloke Saha, Adv., Mr. Nilay Chakraborty, Ld. APP, Ms. Narmata Das, Adv.
Public officials are protected from criminal liability under the West Bengal Land Reforms Act when acting in good faith while discharging their duties, and grievances should be addressed through appeals rather than criminal prosecutions.
Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 528 - West Bengal Land Reforms Act, 1955 - Section 58(1) - Quashment of charge sheet - Petitioner, a Revenue Officer, alleged to have committed offences under IPC while discharging official duties - Protection under Section 58(1) of WBLR Act applicable for actions taken in good faith - No prima facie case established against petitioner as civil suit pending - Criminal prosecution quashed. (Paras 1, 10, 12, 13)
(B) Criminal Procedure Code, 1973 - Section 156(3) - Procedure for filing complaints and investigations - Proper forum for grievances against administrative actions is appeal, not criminal prosecution. (Paras 5, 9)
Facts of the case:
The petitioner challenged a charge sheet arising from allegations of land fraud involving forged documents after the death of the complainant's father, with a title suit also pending regarding the same land.
Findings of Court:
The court found no incriminating evidence against the petitioner and emphasized the statutory protection for public officials acting in good faith under the WBLR Act.
Issues: Whether the petitioner is entitled to protection under the WBLR Act and if the criminal prosecution is an abuse of process given the pending civil suit.
Ratio Decidendi: The court ruled that the petitioner acted within the scope of his official duties and that the allegations did not establish criminal liability, affirming the need for proper procedural recourse through appeals rather than criminal charges.
Result: Revision application allowed.
Bibhas Ranjan De, J. :
1. The petitioner by invoking jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023 (for short BNSS ) has prayed for quashment of the charge sheet being no. 233 of 2024 dated 29.06.2024 arising out of Dhupguri Police Station Case No. 557 of 2023 dated 13.11.2023 corresponding to GR Case No. 5947 of 2024 under Sections 420/468/471/120B/219/34 of the Indian Penal Code (for short IPC) which is presently pending before the Chief Judicial Magistrate, Jalpaiguri.
Background:-
2. The instant prosecution finds its genesis from a petition dated 30.10.2023 filed by the opposite party herein under Section 156 (3) of the Code of Criminal Procedure (for short CrPC) which in tern was forwarded to the I.C. of Dhupguri PS for investigation. Upon receipt, the concerned Police Station registered a specific case under Sections 420/468/471/409/120B/34 of the IPC and after thorough investigation filed a charge sheet against the petitioner and other accused under Sections 420/468/471/409/120B/34 of the IPC. Being aggrieved, the petitioner has preferred the instant revision application.
3. The main grievance contained in the petition under Section 156(3) of the CrPC is to the effect that after demise of the father of the complainant/opposite party herein, the possession of land admeasuring 1.22 acres was distributed among the sole legal heirs of the deceased i.e. the complainant and his two sisters who had acquired the said land by virtue of inheritance. It is alleged that in 2021 the complainant came to know that the accused persons by means of a forged document cheated the complainant and his family members by transferring few decimals of land in their own names. It has been further alleged that the petitioner who is a Revenue Officer in collusion with other accused persons changed the record of rights and mutated the same in favour of the opposite party. It is also pertinent to mention that over this issue a Title Suit has been filed before the Civil Judge, Junior Division, 2nd Court Jalpaiguri vide Title Suit no. 671 of 2023 which is awaiting disposal.
Arguments advanced :-
4. Ld. Counsel, Mr. Kunaljit Bhattacharjee, appearing on behalf of the petitioners has vehemently submitted that the petitioner being a Government Official holding designation of Revenue Officer under the aegis of Dhupguri Block Land and Land Reforms Officer (for short B.L.L.R.O.) only committed the alleged act in discharge of his official duties in good faith. In the given circumstances, the petitioner is entitled to get statutory protection under Section 58 (1) of the West Bengal Land Reforms Act , 1955 (for short WBLR Act) which is provided to public officers attached with the Land Reforms Department for due discharge of function under the said act in good faith.
5. Before parting with, Mr. Bhattacharjee has contended that the over the self same dispute admittedly a title suit is pending and therefore allowance of further continuation of the instant criminal prosecution would be an abuse of the process of law.
6. Per contra, Mr. Niloy Chakraborty Ld. Additional Public Prosecutor appearing on behalf of the State by refuting the submission of Mr. Bhattacharjee has vehemently submitted that during investigation Police has come across certain evidence in order to prima facie make out the alleged offences against the petitioner and raises a formal objection against quashment of the proceedings.
7. None appears on behalf of the opposite parties.
Analysis:-
8. Before delving into the intricacies of the case at hand, it would be profitable to first reproduce the specific provision of Section 58 of the WBLR Act which runs as follows:-
“58. Protection of action taken under this Act.- (1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any rules made thereunder.
(2) No suit or other legal proceeding shall lie against the State Gov
