Form No. J(2)

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

THE HON’BLE JUSTICE CHAITALI CHATTERJEE (DAS)

CRR 2088 of 2023 BISWANATH MAHATO VS.

STATE OF WEST BENGAL & ANR.

For the petitioner : Mr. Kunal Ganguly,Adv.

Mr. T. Mukherjee,Adv.

For the State : Mr. Debasish Roy,Adv.

Mr. Arijit Ganguly,Adv.

Mrs. Manisha Sharma,Adv.

Heard On : 12^.12.2025 Judgement On : 12.12.2025 Uploaded On : 16.12.2025 CHAITALI CHATTERJEE (DAS) J:

1.This revisional application has been for quashing of the proceeding pending before the learned Chief Judcial Magiatrate at Purulia arising of Session (SPL) Case No. 78 of 2023 under Section 447/354B/506 of the Indian Penal Code, 1860 read with Sections 3(g)(s)[w (1)] of the SC and ST (Prevention of Atrocities) Act, 1989.

Brief facts of the case:

2. The present petitioner and the Opposite Party no.2 are both the resident of same locality on March 12, 2018.The father of Opposite Party no.2 had lodged a First Information Report to the Officer-in-charge, Purulia Police Station under Section 156 (3) of the Code of Criminal Procedure Code accordingly, Purulia (M) Police Station case No. 60 of 2018 started under Sections 447/506 of the Indian Penal Code read, 1860 read with Sections 3(1)(iv)(v)(x) of the SC & ST( Prevention of Atrocities) Act, 1989 against the present petitioner alleging of making construction on the land of the Opposite Party No 2 allotted to him by the Department of Forest , Government of West Bengal on the basis of „Patta‟, measuring about 32 decimal .It was further alleged that on March 21, 2018 he abused the Opposite Party no.2 by using the word “Choto Jat”.

3. The Investigating Officer on completion of investigation submitted the charge sheet against the present petitioner and the learned Trial Court framed the charge under Sections 447/506 of the Indian Penal Code, 1860 along with Sections 3(1)(f), 3 (1) (g) and 3(1)(r ) of the SC & ST (Prevention of Atrocities) Act, 1989 against the present petitioner.

4. Learned Trial Court after that started process of trial and after hearing both the parties passed an order of acquittal on November 30, 2019. after that on 12^th November, 2019 the father of the Opposite Party no.2 again lodged complaint against the present petitioner with the allegation that on 7th November, 2019 at about 11 A.M. petitioner destroyed vegetables and also threatened with dire consequences on the basis of which Purulia Police Station Case No. 261 of 2019 started .

5.Being aggrieved by the said FIR petitioner approached this High Court as CRR 3701 of 2019, in the mean time the investigating authority submitted the charge sheet under Sections 341/447/323/307/506/427 of the Indian Penal Code, 1860 read with Section 3 (1) (f)(g) of the SC/ST Prevention of Atrocities Act ,1989 .

6. The Learned Trial Court framed the charge and the trial commenced and on December 19, 2022 after considering the evidences adduced by the prosecution witnesses acquitted the petitioner in terms of Section 235 of the Code of Criminal Procedure Code. After the order of acquittal was passed by the learned Court the Opposite Party no.2 lodged the complaint again on April, 2023 alleging that on April 2, 2023 at about 7 A.M. the petitioner has destroyed the plants and forcefully cultivate the land and since the opposite party no. 2 raised protest against the present petitioner not only he destroyed the vegetables but also molested the female member of the family member of the opposite party no 2. On the strength of the said complaint the Purulia (M) police station case no. 78 of 2023 started under Sections 447/354B/506 of the Indian Penal Code, 1860 along with Sections 3(1)(f), 3 (1) (g) and 3(1)(r ) of the SC & ST (Prevention of Atrocities) Act, 1989 .

In this case also the charge sheet has been submitted on completion of investigation against that the instant revisional application has been filed by the petitioner.

Submissions

7. It is submitted by the learned advocate that the oppos