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

The Hon’ble Justice Ajay Kumar Gupta C.R.R. 365 of 2014 With CRAN 2/2015 (Old CRAN 2543/2015)

Sripati Sarkar & Ors.

Versus Smt. Leena Chatterjee & Another For the Petitioner : Mr. Rajdeep Mazumder, Sr. Adv.

Mr. Pinaki Ranjan Chakraborty, Adv.

Ms. Triparna Roy, Adv. Mr. Soumya Raha, Adv.

Heard on : 25.02.2025 Judgment on : 28.03.2025 Ajay Kumar Gupta, J:

1. By filing this Criminal Revisional application under Section 482 of the Code of Criminal Procedure, 1973, the petitioners being the accused persons seeking for quashing of the proceeding being C.R. Case No. 545 of 2013 under Sections 500/506/120B of the Indian Penal Code, 1860 pending before the Learned Judicial Magistrate, 4th Court at Burdwan.

2. The brief facts of the case are essential for the purpose of fair and proper disposal of this case as under:

2a. One Sri Bijoy Kumar Bhattacharya (since deceased) was a great, well-known educationist and freedom fighter was the founder of an educational institution known as ‘Siksha Niketan’. The said institution has a branch known as ‘Satish Chandra Shilpa Bidyalaya’. 2b. In the year 2000, one Debangshu Das assumed the charge of the Superintendent of the said Bidyalaya. After taking the charge of the said institution, the said person started to behave inappropriate manner which is unbecoming of a Superintendence of the institution. Several people made several allegations against him, inter alia, are as follows: -

i. The said person used to compel the students to attend party’s meetings by closing the school.

ii. The said person used to stay at students’ hostel till late night and to take intoxicating materials with the students.

iii. The said person had appointed a lady known to be of immoral character and living in adultery as the in-

charge of the ladies’ hostel of the said institution.

iv. The said person used to misappropriate the money/property of the institution obtained from the students’ caution money and also misappropriated huge amount of money by selling old properties of the school.

v. The said person had employed some persons in the said school who are known as notorious antisocial of the locality.

2c. The petitioners are local educated persons of the village with significant contribution to the school were deeply concerned by the illegal activities taking place and in effect to protect the students and villagers’ interest submitted a confidential complaint along with large number of villagers against the said person as well as opposite party no. 1 before the Hon’ble Chief Minister, who is the constitutional head of the State Executive in West Bengal.

2d. The said confidential letter of complaint was never made public at large in the locality and the accused/petitioners had no intention to cause any harm to the reputation of the said person as well as opposite party no. 1. There was no intent to damage the complainant’s character in the eyes of public.

2e. Additionally, petitioners also informed the Hon’ble Minister of Technical Education Department, Government of West Bengal in hope of a proper enquiry. However, the petitioners remain unaware, if any action has been taken against Leena Chatterjee or not on the basis of said complaint.

2f. Subsequently, the petitioners were served with the notice and copy of the complaint of C.R. Case No. 545 of 2013 filed before the Learned Chief Judicial Magistrate, Burdwan. The said complaint filed under Section 200 of the CrPC was delivered without supporting documents, suggesting that Leena Chatterjee treated the same as defamation case. However, the petitioners’ intention was not to defame the complainant but to uncover the truth.

2g. After filing of the complaint, the learned Chief Judicial Magistrate, Burdwan by Order No. 1 dated 22.07.2013 took cognizance of the case and transferred it to the Court of the Learned Judicial Magistrate, 4th Court at Burdwan for enquiry and trial. The Learned Magistrate examined