15.12.2025 Item No.1 Ct. No. 34 nb CRR 1944 of 2023 In the matter of: Alok Kumar Ghosh.

...… petitioner.

Mr. Angshuman Chakraborty, Mr. S. S. Saha, .…For the Petitioner

1. This revisional application has been filed for quashing of the Complaint Case being No.AC 949 of 2021 under Section 200 of the Code of Criminal Procedure alleging offences punishable under Sections 341/323/506 of the Indian Penal Code pending before the Learned Judicial Magistrate 2^nd Court, Alipore South

24 Parganas.

2. The brief facts of the case that the petitioner is presently 65 years of age and joined the service 1985 and presently is employed as Associate Professor and is the Head of the Department of History, in the University of Kalyani. He hold position as nominee of Ministry of Culture, Govt. of India to the Council of the Asiatic Society, Kolkata, External Expert Member of the Board of Studies, PG, Mushidabad University Berhampur, West Bengal. He was also member of Advisory Committed of Directorate Open and Distance Learning, Kalyani University. He was given the certificate of excellence of his carrier by the Kalyani University. The opposite party joined the Directorate of Open and Distance Learning, Kalyani University as Director on contractual basis in the year

2017.The present petitioner raised objection to such appointment of the opposite party as it was not in accordance with law.

3. A complaint was lodged before the Registrar, Kalyani University on November 30, 2017 by the student of the said university against the opposite party regarding sexual harassment and molestation by the opposite party no.2 and the date of such act was alleged to be of November 19, 2017. After the incident of such sexual harassment as lodged against the opposite party, Registrar, University of Kalyani terminated contractual appointment of the opposite party by their memo dated December 12, 2017.

4. Later on a complaint was lodged by the present opposite party under Section 200 of the Cr.P.C. against the present petitioner before the Learned Additional Chief Judicial Magistrate, Alipore, which was registered as AC 949/2021 alleging, inter alia, against the petitioner that on 15.1.2020 at about 12.30 P.M. when the complaint went to his personal work at Jadavpur University campus post office, then present petitioner restrained him with some hooligant and mentally harassed him by using slang language in Jadavpur University Campus, when complainant protested such illegal activities, the petitioner and others threatened him with dire consequences. It was further alleged that the complainant also received threat calls from several fictitious phone numbers. After the summons were issued and the petitioner was directed to answer charges of sections 341/323/506 of the Indian Penal Code.

5. Learned counsel representing the petitioner argued that the complaint has been raised out of grudge and vengeance as the present petitioner raised protest regarding the appointment of the opposite party.

6. It is further submitted that further grudge of the opposite party against the present petitioner was because of the fact that he supported the female students, who lodged the complaint alleging sexual harassment against the complainant.

7. It is further argued that such allegation was on January 15, 2020 at about 12.30 P.M. and the complaint has been lodged on April 19, 2021 and there is delay in filing the complaint. That apart, no ingredients are there to attract Section 200/341/323/506. No mens rea can be found against the present petitioner as the termination of the opposite party by the University, on the basis of the complaint lodged by the female students. It is further submitted that the learned Magistrate took cognizance in applying his judicial mind to pass the reasoned order.

8. Learned advocate also produced documents filed by the complainant and also perused the documents filed by the complainant and was of the view that the case involves of allegations which is civil in nature betwee