IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION

APPELLATE SIDE

PRESENT:

THE HON’BLE DR. JUSTICE AJOY KUMAR MUKHERJEE

CRR 706 of 2016

Annapurna Majhi & Ors.

Vs.

The State of West Bengal & Ors.

For the Petitioners : Mr. Pradip Kumar Roy

Ms. Sumedha Mukhopadhyay

Ms. Dipanwita Sarkar

Ms. Shruti Mitra

For the Opposite Party no.2 : Mr S.P. Pahari

For the State : Ms. Anasuya Sinha, Ld. APP

Mr. Rahul Ganguly

Heard on : 03.09.2025 Judgment on : 02.12.2025

Dr. Ajoy Kumar Mukherjee, J.

1. On 09.06.2015 opposite party No.2 herein/de facto complainant, who is also the wife of alleged victim Gour Gopal Sahoo lodged instant complaint alleging that on 07.06.2015 at about 9:30 A.M, her husband was physically assaulted by the accused/petitioners on the way, when he went out form his residential house. Due to such physical assault, her husband received

bleeding injury on his head. The accused/petitioners also injured different parts of his body, using different type of weapons. However the victim was rescued with the interference of the local people, who saved his life. Immediately thereafter he was admitted at Contai S.D Hospital where his initial treatment was done by one Dr. Udit Roy, who was on duty. Since the condition of petitioner was deteriorating, he was referred to State Medical Hospital by another Dr. Prasenjit Sinha at 5:30 P.M, for better treatment. The patient was accordingly issued referral card, signed by Dr. Sinha along with injury report signed by Dr. Roy. However complainant’s contention is due to financial hardship, the complainant could not admit the victim at referral hospital but he was treated by local physician and recovered gradually. Opposite party/herein lodged written complain over the said incident and police started instant proceeding under section

341/324/307/506/34 IPC.

2. The petitioners herein/accused persons filed a Writ Application being W.P Case no 15927 (W) of 2015 with a prayer to issue the Writ of Mandamus with a direction to constitute a medical board with the medical officers of medical college, Calcutta to find out the genuineness of injury, if any allegedly inflicted on the person of the victim Gour Gopal on

07.06.2015.

3. After much deliberation the Superintendent, EMO and the Surgeon of Contai S.D. Hospital personally appeared before this court when Hon’ble Judge made certain quarries to ascertain the facts and circumstances involving the nature and character of the injuries suffered by the injured person. Upon such enquiries the concerned doctor admitted that no such injury was suffered by the injured person as mentioned in the report and expressed their repentance and apology before the High Court.

4. Since on the basis of the purported injury report the petitioners were suffering from humiliation, a prayer was made before said Bench seeking quashing of the instant criminal proceeding, in the said Writ Application and also for adequate compensation for the tortious act perpetrated by the State and its machinery. Upon hearing the submissions advanced before this Court, the said Bench was pleased to dispose of the said Writ Petition after recording the admission made by the doctors, while granting liberty to the petitioners to approach before appropriate forum for seeking quashment of the instant criminal proceeding and in view of such direction the Instant Revisional Application has been preferred by the petitioner, seeking quashment of proceeding being contai police station case no. 231 of 2015 dated 09.06.2015 pending before Additional Chief Judicial Magistrate, Medinipur against the petitioners.

5. As stated above the case was initially registered under section 341/324/307/506/34 of the Indian Penal Code and after completion of investigation police initially submitted charge sheet against the petitioners on the above mentioned sections. However the petitioners herein approached before this Court by filling a Criminal Revisional application being C.R.R. 706 of 2016 contending that the investigation condu