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

The Hon’ble Justice Ajay Kumar Gupta C.R.R. 4411 of 2023 With CRAN 2 of 2024 & CRAN 6 of 2025 Masud Reja @ Masud Reza Versus The State of West Bengal & Another For the Petitioner : Mr. Mayukh Mukherjee, Adv.

For the State : Mr. Debashis Roy, Ld. PP Ms. Faria Hossain, Adv. Ms. Mamata Jana, Adv.

Heard on : 18.07.2025 Judgment on : 30.07.2025 Ajay Kumar Gupta, J:

1. The petitioner preferred this Criminal Revisional application under Section 482 of the Code of Criminal Procedure, 1973 (in short ‘CrPC’) seeking quashing of the investigation initiated in connection with Kharagpur GRPS Case No. 61 of 2022 dated 15.09.2022 under Sections 419/420/120B, adding Sections 417/467/468/471/472/ 474/475 of the Indian Penal Code, 1860 now pending before the Court of the Learned Additional Chief Judicial Magistrate, Kharagpur, Paschim Medinipur.

2. The factual matrix of this case, leading to the filing of this application, is as under: -

2a. A suo-moto case was registered being Kharagpur GRPS Case No. 61 of 2022 dated 15.09.2022 under Sections 419/420/120B of the Indian Penal Code, 1860 on the basis of a written complaint lodged by the opposite party no. 2 – Bhagwan Singh, Sub-Inspector of RPF Post, Kharagpur alleging, inter alia, that one individual was detained by the complainant for possessing unaccounted money amounting to approximately Rs. 2,00,000/- allegedly for the purposes of recruitment of the candidates in the railways. Subsequently, Sections 417/467/468/471/472/474/475 of the Indian Penal Code, 1860 were added during investigation.

2b. The present petitioner received two notices under Section 160 of CrPC on 29.11.2022 and 26.12.2022 from the Investigating Officer, requiring his appearance for examination in connection with the aforesaid case. At the same time, it came to the knowledge of the petitioner that a Look Out Circular had been issued against him in connection with the same case, in response, the petitioner filed an application for Anticipatory Bail before the Hon’ble High Court at Calcutta vide CRM (A) 216 of 2023. However, the said application was rejected by the Division Bench of this Court vide order dated

17.01.2023.

2c. Being aggrieved by and dissatisfied with the said rejection order, the petitioner approached before the Hon’ble Supreme Court, where he was granted interim protection from arrest on 25.04.2023. However, the Hon’ble Supreme Court eventually declined to interfere with the rejection order of anticipatory bail by the Hon’ble Calcutta High Court.

2d. On 25.05.2023, a notice under Section 41A of the CrPC was issued to the petitioner and the same was duly complied with on 27.05.2023. The Investigating Officer also summoned the petitioner for providing voice sample for forensic examination of audio conversation allegedly held between the petitioner and co-accused, Sahid Mallick on 23.06.2023, 01.07.2023 and 22.07.2023, all of which were duly complied with by the petitioner.

2e. On 19.08.2023, another notice under Section 91 of CrPC was issued to the petitioner directing him to hand over the mobile phone set. The Investigating Officer seized the mobile phone set as well as some other documents from him vide Seizure List dated 15.09.2023. However, as per the petitioner, petitioner’s name is neither reflected in the FIR nor in the written complaint filed by the Sub-Inspector of RPF Post, Kharagpur. The petitioner asserts that he has no connection with the case or the allegations made therein. The petitioner also stated that he does not know the accused person, whose name has been mentioned in the FIR. Nevertheless, he was harassed by the Investigating Officer from time to time by issuing notices under Sections 160, 91 and 41A of the CrPC without disclosing his actual status in the case. Hence, this Criminal Revisional application.

SUBMISSION ON BEHALF OF THE PETITIONER:

3. Mr. Mukherjee, learned counsel appearing on behalf of the petitioner