IN THE HIGH COURT AT CALCUTTA IN THE CIRCUIT BENCH AT JALPAIGURI CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE Present:

The Hon’ble Justice Rai Chattopadhyay CRR 323 of 2023 Md Mehebub Alam @ Mehebub Alam Vs.

The State of West Bengal and Anr.

For the Petitioners : Mr. Sabir Ahmed, : Mr Soumyajit Das Mahapatra, : Mr. Arijit Ghosh.

: Mr. Ali Ahsan Alam Gir : Ms. Angana Rakshit For the State : Mr. Nilay Chakraborty, Ld. APP : Mr. Ujjwal Luksom, Heard On : 19.02.2025. Judgment On : 11.03.2025.

Rai Chattopadhyay, J.

1. In the instant case, the petitioner has prayed for quashing of the proceeding arising out of Matigara Police Station Case No. 25 of 2023, dated 11.01.2023 under Sections 448, 325, 427 and 506 of the Indian Penal Code with the added Section 376 of the Indian Penal Code. The connected case is G.R. No.-114 of 2023, presently pending in the court of Learned Additional Chief Judicial Magistrate at Siliguri. The petitioner has also challenged the order passed by the Additional Chief Judicial Magistrate, Siliguri in the said case dated June 5, 2023, thereby accepting the charge-sheet dated April 30, 2023 and taking cognizance of offence in connection with the said police case, as against the present petitioner.

2. The petitioner‟s grievance is that the entire criminal proceeding is baseless, malicious, filed for wrecking vengeance against him. The petitioner‟s further case is that, the F.I.R. narrated incident is frivolous and could not have been substantiated at all. The petitioner has taken the ground of alibi in the present case.

3. Let the F.I.R. be scrutinized here, for the benefit of discussion.

4. The informant/de facto complainant has stated herself to be a student of North Bengal Dental College and Hospital and a permanent resident of Baharampore, Murshidabad. She has narrated the alleged incident, which allegedly took place on January 07, 2023 at 9:30 a.m. in the morning. She has stated that her boyfriend, that is the accused person/present petitioner, has physically tortured her for more than 15 minutes at the said time and date; that the accused person has damaged her phone and assaulted her physically by slapping and kicking her on her different body parts; that the accused person has also subjected her to verbal abuse and contacted physical relationship with her. The de facto complainant has mentioned the incident to have taken place at her rented accommodation/room in the North Bengal Medical College. She has stated that the accused person had a frequent visiting term to her room there. On the allegations as above, the victim/de facto complainant has sought for redress of her grievances.

5. The complaint as above, was registered as the Matigara Police Station Case No. 25 of 2023 dated 11.01.2023 as mentioned above. Later on, Section 376 I.P.C. was added as to the said case. Finally, police has submitted charge-sheet on April 30, 2023, mentioning the name of the present petitioner as the accused person therein, under Sections 448, 323, 427, 506 and added Section 376 I.P.C.

6. The petitioner‟s main ground to challenge the criminal proceeding as above, is that of alibi. Mr. Sabir Ahmed has represented the petitioner. He has referred to the documents annexed in the present application and submitted that the said relevant documents would clearly justify the petitioner‟s ground of alibi in so far as pursuant to those, it would be found that the petitioner was not present at the place of occurrence on the date and time of the alleged incident.

7. Mr. Sabir Ahmed has referred to a reply, to the application of the petitioner under the provisions of the Right to Information Act, that is, dated July 21, 2023, given by the Medical Superintendent Cum Vice Principal, R.G. Kar Medical College and Hospital, Kolkata addressed to the present petitioner, which narrates as follows:-

“As per written information taken from HOD, Dept. Of Obst. & Gynae. R G Kar MCH , Md. Mehebub Alam has worked in Dept Of Obst. & Gynae. From 06.01.2023 – 08