IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION Appellate Side Present:

The Hon’ble Justice Ajay Kumar Gupta C.R.R. 3857 of 2024 Panchananda Jana Versus The State of West Bengal and Anr.

For the Petitioner : Mr. Anjan Bhattacharya, Adv.

Ms. Anita Shaw, Adv.

For the State : Mr. Debasish Roy, Ld. PP Mr. Arijit Ganguly, Adv. Mr. Karan Bapuli, Adv.

Heard on : 01.08.2025 Judgment on : 20.08.2025 Ajay Kumar Gupta, J:

1. The petitioner being the accused preferred this Criminal Revisional application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 (in short ‘CrPC’) corresponding to Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (in short ‘BNSS’) seeking quashing of the impugned Charge Sheet being No. 191/2024 dated 21.05.2024 submitted in connection with Mahishadal P.S. Case No. 130/2024 dated 22.03.2024 under Sections 341/323/506 of the Indian Penal Code, 1860 and Sections 10/12 of the POCSO Act and Section 75 of the Juvenile Justice Act, pending before the Court of Learned Judge, Special Court, POCSO, Haldia at Purba Medinipur.

2. The factual matrix of the instant case is that mother of the victim girl lodged a written complaint to the Officer-in-Charge, Mahishadal Police Station accusing to the effect that her daughter aged about 13 years (herein after referred to as ‘victim girl’) studying in class VI in xxxxxxxx School. The headmaster of the said school on the pretext of seeing the neck chain, inserted his hand inside her school dress, with intent to outrage her modesty and/or committed aggravated sexual assault and/or sexual harassment. It was further alleged that on the previous day i.e. on 21.03.2024, the headmaster assaulted her and other students, when they went to report that there was no fan in the class room. In addition, it was further alleged that the headmaster has a bad character, similar types of incident happened earlier with other students. When the parents of the students went to inquire about such incident, he threatens them with dire consequence that nobody can do anything against him, which resulted in registration of an FIR being Mahishadal P.S. Case No. 130/2024 dated 22.03.2024 under Sections 341/323/506 of the Indian Penal Code, 1860 and Sections 10/12 of the POCSO Act as well as Section 75 of the Juvenile Justice Act and initiated investigation.

3. The Petitioner was arrested and subsequently enlarged on bail. He denies the allegations and contended that he is innocent and has been falsely implicated into this case asserting that no such incident ever happened. However, after culmination of the investigation, a Charge Sheet being No. 191/2024 dated 21.05.2024 under Sections 341/323/506 of the Indian Penal Code, 1860 and Sections 10/12 of the POCSO Act as well as Section 75 of the Juvenile Justice Act has been submitted by the investigation officer is under the subject matter of challenge as it was filed mechanically and without proper investigation or scanning of the oral and documentary evidence of the witnesses, collected in course of investigation.

4. According to the Petitioner, the whole case is based on false, fabricated and concocted story. If it would have been properly scanned with the oral and documentary evidence of witnesses, the result would have been different and charge sheet would not have been submitted against the petitioner, as such, he preferred this revisional application seeking quashing of the charge sheet and proceedings thereof.

SUBMISSION ON BEHALF OF THE PETITIONER:

5. Learned counsel, Mr. Bhattacharya, appearing on behalf of the petitioner vociferously argued and further submitted that the present case is based on false, fabricated, concocted and only to canvass ulterior motive of the complainant to defame the petitioner, who was discharging his duties as headmaster of a school since 2019. The allegation is out and out false. The allegations are not supported by any reliable evidence. The FIR is not corroborated or supported by the v