Form No. J(2)

IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE PRESENT:

THE HON’BLE JUSTICE CHAITALI CHATTERJEE (DAS)

CRR 2408 of 2022 BIRENDRA NATH KAPRI @ BIREN CHANDRA KAPRI @ BIREN CHANDRA KAPDI VS.

THE STATE OF WEST BENGAL For the petitioner : Mr. Amarta Ghose,Adv.

Mr. Souryadeep Ghos,Adv.

For the State : Mr. DebasishRoy,Adv.

Ms. Amita Gour,Adv.

Mr. Anindya Sundar Chatterjee,Adv.

Heard On : 16.12.2025 Judgment On : 16.12.2025 Delivered On : 23.12.2025 CHAITALI CHATTERJEE (DAS) J:

1. The petitioner has come up before this Court with a prayer to quash the proceeding pending before the learned Court of Additional Chief Judicial Magistrate at Paschim Medinipur in connection with G.R. Case No. 1344 of 2022 under Sections 379/411/413/414 of the Indian Penal Code and Sections 21(4)/21(5) of Mines and Minerals (Development Regulations)

Act, 1957.

Brief fact of the case

2. The petitioner was selected as successful bidder for the sand block no.

MSB-11 in the competitive Bidding held on 24/10/2016 for granting of mining lease for sand minerals in Mouza- Ghaneswarpur, J.L. No. 109, P.S.- Midnapur covering an area of 12.35 acres. The lease has applied to the Government of West Bengal for mining lease for sand and the said lease was valid for a term of five years.

3. It is further case of the petitioner that was carrying out excavation in accordance with the terms of the lease but the police authorities Ganguripal Police Station regularly harassed the petitioner and his team worker for want of illegal gratification and as the present petitioner and other sand block holders did not provide the same also faced with regular harassment and obstruction in the sand excavation work by the local police authorities. A mass petition was submitted before the Additional District Magistrate and District Land and Land Reforms Officer complaining about such atrocities of the police authorities . On March 22, 2022.

4. This is further case of the petitioner that as an act of grudge against the petitioner police authority initiated suo-moto complaint against petitioner by virtue of a written complaint by ASI of the said police station namely Paban Kumar Kour which was registered for investigation before the said police station as Gurgauripal Police Station Case No. 82/2022 dated 01.05.2022 under the above mentioned sections. The allegations levelled against the present petitioner was firstly on 2022 received information over telephone the duty officer Gurgauripal Police Station to the effect that poclain machine/JCB machine was excavating sand from the middle of the Kansabati river through extralegal means at MSB -11, Ghanashyampur mouza under Ganguripal Police Station and the matter was informed to the Officer-in-charge and pursuant to the incident he along with the force went to the spot and enquired the matter and found the machine running away from there at fast speed from the said sand mining block and the complainant along with force tried stop the machine but in vain. He also found lease holder excavating sand out of his demarcated site by using machine which was also disrupted decrease the navigability of the river as well as rate of locality as most of the local people earned their livelihood by working at sand mines.

5. The petitioner has therefore come up before this Court for quashing of the said proceeding pending before the Court of learned Magistrate.

Submissions

6. Learned Advocate appearing on behalf of the petitioner submits petitioner is a bona fide lease holder for sand mining of area mentioned in the agreement which was valid for five years. The petitioner could not fulfil the demand of the local police authorities and which by way of a letter he along with the other persons informed to the authorities out of grudge this petition of complaint has been lodged falsely accusing him for doing sand mining illegally has been mentioned on 1st May, 2022 when the letter was given in the month of March , 2022.

7. It is further sub