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2025 Supreme(Online)(Cal) 5884

CALCUTTA HIGH COURT
PANCHANANDA JANA – Appellant
Versus
STATE OF WEST BENGAL AND ANR – Respondent


Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  • The petitioner, who was the headmaster of a school, filed a criminal revisional application seeking to quash the charge sheet and proceedings initiated against him (!) .

  • The case involves allegations of sexual misconduct and assault inside the school premises, with the initial complaint lodged by the victim’s mother. The complaint described incidents involving the headmaster allegedly inserting his hand inside the victim girl’s dress and assaulting her and other students (!) (!) .

  • The investigation resulted in a charge sheet being filed, but the petitioner contends that it was filed mechanically without proper investigation or thorough analysis of evidence collected (!) (!) .

  • The petitioner claims the case is fabricated and motivated by ulterior motives to defame him, asserting that the allegations are false and unsupported by reliable evidence (!) .

  • The petitioner highlights discrepancies and inconsistencies in witness statements, including conflicting accounts regarding the place, time, and manner of the alleged incident, as well as the absence of independent witnesses and corroborative medical evidence (!) (!) (!) .

  • The petitioner emphasizes that the investigation was incomplete, superficial, and failed to examine vital witnesses, which raises questions about the genuineness of the case (!) (!) .

  • The court recognizes the importance of safeguarding children under the relevant legislation but also underscores the necessity to prevent misuse of the law through frivolous or malicious allegations (!) (!) .

  • The court carefully reviews the evidence and finds significant contradictions and inconsistencies in witness statements, including the victim’s account, her mother’s version, and other witnesses, which undermine the credibility of the case (!) (!) (!) (!) .

  • It is noted that no independent witnesses from the class or school premises have been examined, and there is a lack of physical evidence such as seizure of the alleged neck chain or injury reports (!) .

  • The procedural requirements under the applicable legislation, such as child-friendly protocols and the presence of support persons, were not followed during investigation (!) .

  • The court concludes that the charge sheet was filed without sufficient prima facie evidence to support the allegations, and continuing the proceedings would amount to an abuse of process and cause unnecessary harassment (!) (!) .

  • Based on the overall assessment, the court finds that the allegations are unsupported by credible evidence, and the case appears to be based on inconsistencies and falsehoods. Therefore, it is just and proper to exercise the court’s inherent powers to quash the charge sheet and prevent further proceedings (!) (!) .

  • The application to quash the charge sheet is allowed, and the proceedings are hereby dismissed to prevent miscarriage of justice and protect the petitioner from unwarranted legal harassment (!) .

  • The connected applications are also disposed of, and the case diary, if any, is to be returned to the relevant authorities (!) (!) .

  • The judgment is to be communicated to the lower court, and the interim order, if any, is vacated (!) (!) .

  • The parties are authorized to act based on the uploaded copies of the judgment on the court’s website, and certified copies can be issued upon request (!) (!) .

Please let me know if you require further analysis or specific legal advice related to this case.


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-C

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