An application under Section 528 BNSS requires clear prima facie evidence for quashing; if lacking, the court will favor proceeding to trial.

1. This is an application under Section 528 of BNSS .

2. By filing the instant petition the petitioner has prayed for quashing of the entire proceeding being Special POCSO Case no. 101 (8) of 2024 arising out of Siliguri P.S. case no. 763 of 2024 dated 18.08.2024 including the final report as submitted in connection with the said P.S. case bearing no. 798/2024 under Sections 137(2)/140(3)/351(2)(3) BNS read with Section 4 of the POCSO Act as pending before the learned Additional Sessions Judge, 1st Court cum POCSO Court, Siliguri.

3. At the time of hearing, Mr. Das, learned Advocate appearing on behalf of the petitioner at the very outset draws attention of this Court to page no. 13 of the instant revisional application being a copy of the written complaint dated 18.08.2024 as submitted by the mother of the victim. Attention of this Court is also drawn to the various statements as recorded under Section 180 of BNSS as well as a copy of the statement of the victim as recorded under Section 183 of BNSS which are also annexed with the instant application for quashing.

4. It is submitted by Mr. Das that on conjoint perusal of the said written complaint, the statements of the witnesses as recorded under Section 180 of BNSS and from the copy of the statement as recorded under Section 183 of BNSS it would reveal that no prima facie material could be placed to substantiate the allegation as made in the FIR as well as with regard to the offence on which charge-sheet has been submitted. It is thus submitted by Mr. Das that it is a fit case for quashing of the entire proceeding of the aforementioned case.

5. Such prayer is vehemently opposed by Mr. Chakraborty, learned Additional Public Prosecutor appearing for the State. It is submitted by Mr. Chakraborty that the present revisionist has miserably failed to make out a case for obtaining a relief under Section 528 of BNSS .

6. This Court has meticulously gone through the entire materials as placed before this Court.

7. This Court has given its due consideration over the submissions of the learned Advocates for the contending parties.

8. On careful perusal of the entire materials as placed before this Court, this Court is of considered view that there are sufficient materials as against the present accused petitioner at least prima facie to go for a trial and on further careful consideration of the factual matrix of the allegation it also appears to this Court that no prima facie case has been made out on behalf of the accused petitioner for not taking cognizance over the written complaint as submitted by the informant.

9. In view of such, this Court finds that the present accused petitioner has miserably failed to make out a case for obtaining relief under Section 528 of BNSS .

10. It rather appears to this Court that the instant application for quashing has been filed only to stall the said proceeding.

11. In view of such, CRR 331 of 2025 is dismissed.

12. There shall be, however, no order as to costs.

13. Interim order, if there be any, stands hereby vacated.

14. In view of the dismissal of CRR 331 of 2025 the interlocutory application being CRAN 1 of 2025 is also dismissed.

15. Department is directed to forward a copy of this order to the learned trial court forthwith.

16. Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities.