IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CRIMINAL REVISIONAL JURISDITION APPELLATE SIDE PRESENT:

THE HON’BLE JUSTICE UDAY KUMAR CRR 201 of 2025 +

CRAN 1 of 2025 Sri Soujanya Roy @ Soujanya Raj Roy -Vs.-

The State of West Bengal & Anr.

For the Petitioner : Ms. Somdutta Patra Ms. Swagata Mitra For the Opposite Party No.2 : Mr. Debaya Goswami Mr. Subham Gupta For the State : Mr. Aditi Shankar Chakraborty, Ld. APP Mr. Tapan Bhattacharjee Hearing concluded on : 31.07.2025 Judgment on : 02.08.2025 Uday Kumar, J.:-

1. This revisional application, bearing CRR 201 of 2025, has been moved by the petitioner, Sri Soujanya Roy @ Soujanya Raj Roy, invoking the inherent powers of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as BNSS, akin to Section 482 of the Code of Criminal Procedure, 1973), seeking quashing of the criminal proceedings initiated against him in G.R. Case No. 806/2024, which arises from Coochbehar Kotwali P.S. Case No. 469/2024 dated 07.05.2024 under Sections 341, 354, 323, and 506 of the Indian Penal Code, currently pending before the Learned Chief Judicial Magistrate Court at Coochbehar.

2. The brief facts leading to the present application are that Opposite Party No. 2, Smt. Amrita Biswas Roy, lodged a written complaint with the Officer-in-Charge, Kotwali Police Station, on May 7, 2024. In her complaint, she alleged two distinct incidents. Firstly, that on October 30, 2023, at about 18:00 hours, the petitioner wrongfully restrained her and her brother and outraged her modesty. Secondly, she alleged that on May 5, 2024, at approximately 10:00 hours, after she confronted the petitioner about abusive language on her mobile phone, he physically assaulted her with kicks, fists, and blows, and again outraged her modesty. Based on this complaint, Kotwali P.S. Case No. 469/2024 was registered, and subsequently, a charge sheet, being No. 533/2024 dated June 30, 2024, was submitted by SI Munna Rai against the petitioner for the aforementioned offences.

3. The petitioner, however, presents a significant counter-narrative, asserting a preceding criminal case initiated by him. He states that he had lodged an FIR on October 30, 2023 (FIR No. 1193/2023, corresponding to G.R. Case No. 2076/2023), concerning an incident that occurred on October 28, 2023. In that FIR, he alleged assault upon himself and his friend, Sri Ranajit Banerjee, by unknown individuals, one of whom falsely identified himself as "Arindam Biswas" (Branch Manager, UCO Bank), who the petitioner now asserts to be the elder brother of the present complainant, Amrita Biswas Roy. It is also the petitioner's specific contention that the female accompanying the assailants in that incident was the present Opposite Party No. 2, Amrita Biswas Roy herself. It is an admitted fact that Sri Arindam Biswas subsequently obtained bail in the petitioner's case on April 12, 2024.

4. Ms. Somdutta Patra, the learned Counsel for the Petitioner has fervently contended that the allegations by Smt. Amrita Biswas Roy are not only false and fabricated but are designed with an ulterior motive to harass and malign the Petitioner's reputation. The critical delay in lodging the FIR for the October 30, 2023 incident – a gap of nearly seven months – is glaringly unexplained. Furthermore, the timing of her complaint, following her elder brother's bail in the Petitioner's prior case, casts an inescapable shadow of retaliation. Counsel explicitly asserted that this is a counter-blast, engineered to cause the Petitioner "unnecessary mental agony, financial loss, and damage to his reputation," and to "destroy him economically and assassinate his character completely."

5. Ms. Patra further highlighted that despite the alleged incidents of assaults occurring in broad daylight and at public locations, the complainant has failed to produce any independent and neutral witnesses. The witnesses cited in the charge sheet are termed as "close associ