Idel Sk @ Gaba Sk And Another vs State Of West Bengal & Anr on 6 April, 2026

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    Calcutta High Court (Appellete Side)

    Idel Sk @ Gaba Sk And Another vs State Of West Bengal & Anr on 6 April, 2026

                  IN THE HIGH COURT AT CALCUTTA
                CRIMINAL REVISIONAL JURISDICTION
                           APPELLATE SIDE
    
    
    PRESENT:
    THE HON'BLE JUSTICE UDAY KUMAR
    
    
                               CRR 2301 OF 2022
    
                         IDEL SK @ GABA SK AND ANOTHER
                                       -VS-
                           STATE OF WEST BENGAL & ANR.
    
    
    For the Petitioner                : Mr. Swapan Kumar Mallick,
                                        Mr. M. H. Chowdhury
    
    For the State                     : Ms. Anasuya Sinha, Ld. APP
                                        Mr. Prakash Mishra
    
    For the de facto Complainant      : Mr. Sujan Chatterjee
                                        Mr. Rohan Bavishi
    
    Hearing concluded on              : 23.02.2026
    
    Judgment on                       : 06.04.2026
    
    UDAY KUMAR, J.: -
    
    
                                INTRODUCTION
    
    
    1.

    The inherent jurisdiction of this Court, enshrined under Section

    482 of the Code of Criminal Procedure, 1973 (now Section 528

    SPONSORED

    of the Bharatiya Nagarik Suraksha Sanhita, 2023) read with

    Article 227 of the Constitution of India, is invoked to test the

    structural and substantive integrity of a criminal prosecution

    initiated under Sections 447, 379, 506, and 34 of the Indian
    2
    CRR 2301 OF 2022

    Penal Code, 1860, alongside the stringent provisions of Section

    3 of the Scheduled Castes and the Scheduled Tribes (Prevention

    of Atrocities) Act, 1989. In this context, the petitioners seek the

    quashing of proceedings in Special (A) Case No. 02 of 2021

    (arising out of Rampurhat P.S. Case No. 365/2021), currently

    pending before the Learned Judge, Special Court under

    Atrocities Act, 1st Court, Suri, Birbhum.

    2. The fundamental inquiry before this Court is whether the

    criminal machinery was set in motion to redress a genuine social

    atrocity, or whether it has been strategically deployed as a

    “criminal veneer” to settle a commercial score arising from a

    fractured family dynamic. The petitioners, describing themselves

    as reputable timber merchants, characterize this prosecution as

    a “gross abuse of the process of law,” asserting that its

    continuation would result in a manifest miscarriage of justice.

    THE FACTUAL MATRIX

    3. The genesis of this prosecution lies in a petition moved under

    Section 156(3) of the Cr.P.C. before the Learned ACJM,

    Rampurhat, on January 22, 2021. The narrative of the de-facto

    complainant, Surjamin Soren (Opposite Party No. 2), reveals a

    deep-seated dispute over a plot of land inherited from her late

    husband. It is alleged that between October 9 and October 11,

    2020, the petitioners, in collusion with the complainant’s
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    CRR 2301 OF 2022

    nephew, co-accused Alphen Murmu (a Civic Volunteer),

    forcefully entered the complainant’s garden to fell and remove

    approximately 1,000 trees of significant height (ranging from 4

    ft. to 30 ft.), valued at nearly ₹6,00,000.

    4. To attract the stringent provisions of the Special Act, the

    complainant further alleged that during this operation, when the

    complainant and her daughters protested, they were subjected

    to caste-based vitriol: “Tui Santhal achis, tui choto jaat… toke

    amra mere fele debo” (You are a Santhal, a low caste… we will

    kill you). This allegation serves as the foundation for invoking

    the Scheduled Castes and the Scheduled Tribes (Prevention of

    Atrocities) Act, 1989. Notably, the FIR also reveals an allegation

    of administrative influence, claiming that the co-accused, Alphen

    Murmu, utilized his status as a “Civic Volunteer” to facilitate the

    illegal felling under the purported orders of the local police.

    5. This factual landscape is starkly contested by the petitioners,

    whose grievances have compelled them to seek this Court’s

    intervention. They maintain that they are bona fide purchasers

    for value who dealt with Alphen Murmu under the impression

    that he possessed the absolute authority to sell the trees. They

    argue that they have been “roped in” solely to provide a criminal

    edge to an otherwise civil claim for sale proceeds, caught in the

    crossfire of an internecine feud between an aunt and her

    nephew. Furthermore, the petitioners highlight a significant
    4
    CRR 2301 OF 2022

    hiatus, an unexplained delay of nearly seven months from the

    court complaint and over a year from the alleged incident,

    suggesting that the narrative of “criminality” was a crafted

    afterthought manufactured to extract money.

    QUESTIONS FOR DETERMINATION

    6. Having scanned the records with clinical precision and mulled

    over the rival contentions, this Court is left to determine the

    following pivotal questions:

    I. Whether the failure to support the initial Section 156(3)

    petition with a mandatory affidavit–as mandated by

    the Hon’ble Supreme Court in Priyanka Srivastava And

    Another v. State of U.P. And Others –renders the

    entire subsequent proceeding, including the registration

    of the FIR and the resulting Charge Sheet,

    jurisdictionally fatal and liable to be quashed?

    II. Whether the alleged act of felling 1,000 trees in an

    open garden–an operation of such magnitude–

    satisfies the “public view” requirement under Section 3

    of the SC/ST Act, or whether the private nature of the

    land provides a statutory shield to the accused as

    contemplated in the Hitesh Verma ratio?

    III. Whether the present dispute is predominantly a civil or

    commercial disagreement regarding sale proceeds and
    5
    CRR 2301 OF 2022

    property title, strategically “dressed up” in the garb of

    a criminal prosecution to exert undue leverage on

    reputable businessmen?

    IV. Whether the unexplained delay of over one year in

    setting the criminal law in motion, coupled with the

    lack of independent public witnesses at a private place

    of occurrence, makes the prosecution story “manifestly

    improbable” and “vaguely crafted,” warranting the

    exercise of the Court’s extraordinary power under

    Section 482 Cr.P.C.?

    SUBMISSIONS ON BEHALF OF THE APPELLANTS

    (PETITIONERS)

    7. Mr. Swapan Kumar Mallick, learned Counsel appearing for the

    petitioners, has mounted a multi-pronged challenge against the

    continuation of the impugned proceedings. The primary thrust of

    his argument is that the prosecution is not only “procedurally

    stillborn” but also substantively hollow, designed as a tool of

    coercion rather than a search for justice.

    8. Mr. Mallick vehemently argued that the very foundation of the

    FIR is legally unsustainable. He pointed out that the petition

    under Section 156(3) of the Cr.P.C. was filed in blatant

    disregard of the mandatory safeguards established by the

    Hon’ble Supreme Court in Priyanka Srivastava And Another v.
    6

    CRR 2301 OF 2022

    State of U.P. And Others (2015) 6 SCC 287. The petition was

    neither supported by the mandatory affidavit nor preceded by

    documented compliance with Section 154(1) and 154(3). He

    submitted that this “judicial filter” is a condition precedent; its

    omission renders the Learned Magistrate’s direction to register

    an FIR an act coram non judice, making the entire subsequent

    investigative superstructure void ab initio.

    9. Turning to the charges under the Atrocities Act, Mr. Mallick

    placed heavy reliance on the ratio in Hitesh Verma v. State of

    Uttarakhand (2020) 10 SCC 710. He contended that the alleged

    abuse, even if taken at face value, purportedly occurred within

    the private garden of the complainant, a location shielded from

    the visual and auditory access of the general public. Mr. Mallick,

    argued that a private orchard or “bagan” is an extension of the

    private enclave of a home. In the absence of any independent

    public witnesses at the time of the alleged occurrence, the

    essential ingredient of the insult being in a “place within public

    view” is missing, thus making the invocation of Section 3 of the

    SC/ST Act a manifest “over-reach.”

    10. Mr. Mallick further underscored that the root of the controversy

    is a failed timber transaction. The petitioners are reputable

    businessmen who acted as bona fide purchasers for value,

    having paid approximately ₹6,00,000 to the co-accused, Alphen

    Murmu, under a commercial arrangement. He argued that the
    7
    CRR 2301 OF 2022

    complainant is strategically using the criminal court as a

    “weapon of coercion” to resolve a family title dispute and extract

    money from the petitioners. Relying on the principles laid down

    in State of Haryana v. Bhajan Lal 1992 Supp (1) SCC 335, he

    submitted that where a criminal proceeding is manifestly

    attended with mala fides for wreaking vengeance, the Court

    must exercise its inherent power to stifle such an oppressive

    prosecution.

    11. Finally, Mr. Mallick highlights the “crafted” nature of the

    narrative by pointing to the abnormal delay. The alleged

    incident took place in October 2020, yet the judicial machinery

    was only approached in 2021, with the FIR eventually being

    registered in August 2021. This gap of nearly a year, without

    any plausible explanation in the four corners of the complaint,

    suggests that the story of caste-based slurs and forceful

    dispossession was “crafted and manufactured” as an

    afterthought to provide a criminal edge to a civil grievance. It is

    submitted that allowing such a “vaguely crafted” prosecution to

    continue would be to permit a travesty of justice against law-

    abiding citizens.

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    CRR 2301 OF 2022

    SUBMISSIONS ON BEHALF OF THE STATE (OPPOSITE

    PARTY NO. 1)

    12. In a firm rebuttal of the petitioners’ contentions, Ms. Anasuya

    Sinha, Learned A.P.P. appearing for the State, submitted that

    the Case Diary (C.D.) produced before this Court contains

    overwhelming prima facie evidence that precludes any summary

    quashing of the proceedings.

    13. She submitted that the investigation, led by the Sub-Divisional

    Police Officer (SDPO), Rampurhat, has moved beyond mere

    allegations. Ms. Sinha highlighted the statements of witnesses

    recorded under Section 161 of the Cr.P.C., which corroborate

    the unauthorized entry into the complainant’s land and the

    subsequent felling of approximately 1,000 trees. She underlined

    that once the Investigating Agency has found sufficient material

    to submit a Charge Sheet (No. 553/2021), the Court should not

    interfere with the statutory process of trial.

    14. Relying on the authoritative pronouncements in Dineshbhai

    Chandubhai Patel v. State of Gujarat (2018) 3 SCC 104 and M/s

    Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra

    (2021) SCC OnLine SC 315 she argued that the High Court, in

    its revisional jurisdiction, is not a forum for a “mini-trial.” It is

    submitted that the veracity of the petitioners’ claim–that they

    were bona fide purchasers, is a matter of evidence that must be
    9
    CRR 2301 OF 2022

    tested during cross-examination. The State emphasized that at

    this stage, the Court must only satisfy itself that the ingredients

    of the alleged offences (Theft, Trespass, and Atrocity) are

    disclosed in the Charge Sheet, which they clearly are.

    SUBMISSIONS ON BEHALF OF THE DE-FACTO

    COMPLAINANT (OPPOSITE PARTY NO. 2)

    15. Mr. Sujan Chatterjee, Learned Counsel appearing for the de-

    facto complainant (Opposite Party No. 2), has vehemently

    resisted the prayer for quashing, asserting that the present

    revisional application is a strategic attempt to stifle a legitimate

    prosecution at the threshold.

    16. In addressing the petitioners’ reliance on the Hitesh Verma

    ratio, Mr. Chatterjee submitted that a “private garden” cannot

    serve as a sanctuary for caste-based abuse when the act is

    performed in a manner visible and audible to the public. It is

    argued that the felling of approximately 1,000 trees–a massive,

    three-day logging operation involving a fleet of laborers and

    heavy transport vehicles–is an inherently open-air and visible

    activity. Relying on the authoritative pronouncement in Swaran

    Singh v. State (2008) 8 SCC 435, he contended that the “public

    view” requirement of Section 3 of the SC/ST Act is fully

    satisfied, as the operation of such a magnitude invited public
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    CRR 2301 OF 2022

    attention and the derogatory slurs were audible to independent

    witnesses in the vicinity.

    17. Mr. Chatterjee further submitted that the petitioners, being

    influential local businessmen, utilized the co-accused, Alphen

    Murmu, who held the status of a “Civic Volunteer,” to facilitate

    this illegal dispossession. Counsel for the complainant alleged

    that this administrative status was weaponized to intimidate the

    complainant and create a false impression of official sanction for

    the illegal felling. The complainant asserts that the specific

    caste-based vitriol, “Tui Santhal achis, tui choto jaat,” was

    intentionally deployed to humiliate her and her daughter in their

    own neighborhood and to establish social dominance over their

    ancestral property.

    18. Addressing the petitioners’ contention regarding the delay in

    setting the criminal law in motion, Mr. Chatterjee submitted that

    the complainant is a member of a marginalized community

    (Santhal) who faced systemic hurdles, fear of reprisal, and initial

    police inaction due to the petitioners’ local “heavyweight” status.

    It is argued that in cases involving Scheduled Tribes, a delay is

    often a direct consequence of the social power imbalance and

    should not be used as a ground to doubt a narrative that has

    since been substantiated by an independent investigation and

    the filing of a Charge Sheet.

    11

    CRR 2301 OF 2022

    19. Mr. Chatterjee concluded by submitting that the petitioners’

    defense of being “bona fide purchasers” is a matter for the Trial

    Court. Relying on M/s Neeharika Infrastructure Pvt. Ltd. v. State

    of Maharashtra (supra), he argued that the High Court should

    not exercise its extraordinary power to quash when the Charge

    Sheet discloses prima facie ingredients of theft, trespass, and

    social atrocity. To stifle the trial at this stage would, he

    submitted, result in a manifest failure of justice and would

    frustrate the benevolent objects of the Special Act, which aims

    to protect vulnerable sections of society from such high-handed

    dispossession and humiliation.

    DISCUSSION AND FINDINGS

    20. Having scanned the records with clinical precision and mulled

    over the rival contentions, I now proceed to address the

    foundational challenge raised by the petitioners. The

    adjudication of this revision requires a delicate balancing act: on

    one hand, the Court must protect citizens from oppressive and

    “crafted” prosecutions; on the other, it must ensure that the

    benevolent objects of the Scheduled Castes and the Scheduled

    Tribes (Prevention of Atrocities) Act are not frustrated by a

    hyper-technical approach.

    21. The discourse must necessarily begin with the jurisdictional

    attack on the very inception of the criminal machinery. It is the
    12
    CRR 2301 OF 2022

    specific contention of the petitioners that the petition moved

    under Section 156(3) of the Code of Criminal Procedure was

    “procedurally stillborn,” as it lacked the mandatory “judicial

    filter” of a supporting affidavit.

    22. In addressing this contention, I have considered the

    authoritative and landmark pronouncement of the Hon’ble

    Supreme Court in Priyanka Srivastava And Another v. State of

    U.P. And Others (supra). In that decision, the Apex Court

    expressed grave concern over the rampant abuse of Section

    156(3) as a tool for settling personal scores and exerting undue

    pressure on law-abiding citizens. To curb such “manufactured

    litigation,” the Court held that –

    “There has to be prior applications under Section 154(1)
    and 154(3) while filing a petition under Section 156(3)…
    further, every such application must be supported by an
    affidavit so that the person making the application
    should be conscious and also endeavour to see that no
    false affidavit is made.”

    23. It provides that the applications under Section 156(3) must be

    supported by an affidavit so that the person making the

    application is conscious of the legal consequences of making a

    false statement. The objective is to ensure the Magistrate does

    not act as a mere “post-office” but applies a “judicial filter” to

    prevent harassment.

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    CRR 2301 OF 2022

    24. Applying this mandate to the present factual matrix, the records

    of the Learned Additional Chief Judicial Magistrate, Rampurhat,

    indeed indicate that the complainant’s petition was neither

    supported by an affidavit nor preceded by documented service

    of information to the Superintendent of Police under Section

    154(3). The petitioners contend that this omission is not a mere

    venial infirmity but a jurisdictional error that vitiates the

    subsequent FIR and investigation void ab initio. Ordinarily, such

    a lapse might invite the “lethal force” of quashing at the

    threshold; however, the facts of the case at hand require this

    Court to distinguish the specific stage of the criminal process at

    which this challenge is mounted.

    25. Crucially, the wheel of justice has turned significantly since the

    initial order. Unlike the circumstances in Priyanka Srivastava

    (supra), where the challenge often arises at the pre-

    investigative stage, we are here dealing with a case where an

    investigation led by the SDPO, Rampurhat, has already

    culminated in a substantive Charge Sheet (No. 553/2021). The

    investigating agency has scanned the allegations and found

    prima facie material to support the charges of theft, trespass,

    and social atrocity. In the mature view of this Court, once a

    specialized agency finds evidence of criminality, the technical

    “filter” of the affidavit is superseded by the actual “finding” of

    the police.

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    CRR 2301 OF 2022

    26. To further solidify this reasoning, reference must be made to

    Section 465 of the Cr.P.C. (now Section 511 of the BNSS,

    2023), which deals with the curability of irregularities. It

    provides that no finding or order shall be reversed on account of

    an error in the complaint unless a “failure of justice” has been

    occasioned. In the present matrix, the petitioners have failed to

    demonstrate how the absence of an affidavit at the complaint

    stage has caused a substantive failure of justice. To quash a

    proceeding where the police have already found a prima facie

    case would be to allow the “handmaid of justice” (procedure) to

    strangle the “substance of justice” (the merits of the crime).

    27. Consequently, I find that while the Learned Magistrate indeed

    failed to exercise the requisite circumspection at the inception,

    such deficiency constitutes a curable irregularity and not a

    jurisdictional fatality. As held in HDFC Securities Ltd. & Ors. v.

    State of Maharashtra & Anr. (2017) 1 SCC 640, the inherent

    power under Section 482 should not be used to stifle a

    legitimate prosecution when the investigation has already

    yielded a Charge Sheet.

    28. Therefore, the answer to Question No. I is in the negative; while

    the initial order was procedurally deficient, the subsequent

    findings of the investigating agency possess the legal vitality to

    sustain the trial.

    15

    CRR 2301 OF 2022

    29. Transitioning from the procedural challenge to the substantive

    merits of the Special Act, I move to the second limb of the

    petitioners’ argument regarding the “Public View” doctrine under

    Section 3(1)(r) and 3(1)(s) of the Act. Mr. Mallick has placed

    heavy reliance on Hitesh Verma v. State of Uttarakhand (supra),

    contending that since the alleged incident occurred within a

    “private garden,” it fails to meet the essential statutory

    ingredient of being committed in a “place within public view.”

    30. In addressing this, I have meticulously examined the ratio in

    Hitesh Verma (supra) regarding the distinction between a

    “public place” and a “place within public view.” The Apex Court

    was pleased to clarify that while an offence need not be

    committed in a public place (such as a street or a park), it must

    be committed in a location where the public, meaning

    independent persons, can actually view or hear the act of

    humiliation. The Court observed that an upper-caste person

    abusing a member of a Scheduled Caste within the “four walls of

    a house” would not attract the Act, as no member of the public

    was present. The petitioners argue that a private garden is

    merely an extension of that private enclave, and in the absence

    of independent witnesses mentioned in the initial complaint, the

    Special Act cannot be invoked.

    31. However, the facts of the present case require this Court to

    distinguish the “magnitude” of the occurrence from a localized,
    16
    CRR 2301 OF 2022

    private confrontation. In Hitesh Verma, the dispute was a

    limited altercation over a boundary wall. In the case at hand,

    the complainant alleges the forceful felling and removal of

    approximately 1,000 trees of significant height (4 ft. to 30 ft.)

    over a span of three days. Perusing the Case Diary and the

    statements under Section 161 Cr.P.C., I find that an operation

    involving a fleet of laborers, heavy logging equipment, and the

    transportation of massive timber loads is, by its very nature, an

    open-air and visible activity.

    32. An operation involving a fleet of laborers, heavy logging

    equipment, and the transportation of massive timber loads is,

    by its very nature, an open-air and visible activity. Reference

    must be made to Swaran Singh and Others v. State (supra),

    which notes that if an incident is visible or audible to the public

    (such as neighbors or passers-by), it satisfies the statutory

    intent of “public view.” One cannot fell a forest of a thousand

    trees in secrecy; the sheer scale of the operation invites public

    attention and renders the site a “place within public view” for

    the duration of the act.

    33. Consequently, the answer to Question No. II is that the private

    nature of the land title does not provide an automatic statutory

    shield to the accused. If caste-based slurs were hurled during a

    massive and visible operation of tree felling, the requirement of

    “public view” is prima facie satisfied. Whether the slurs were
    17
    CRR 2301 OF 2022

    actually uttered or whether independent neighbours witnessed

    the incident is a matter of evidence that must be tested in the

    crucible of a full-dress trial. Following Dineshbhai Chandubhai

    Patel (supra), this Court cannot act as an investigating agency

    to scan the topography or weigh the “publicness” of the view at

    this stage. Therefore, the invocation of Section 3 of the Special

    Act in the Charge Sheet is legally sustainable for the purpose of

    proceeding to trial.

    34. Advancing to the third limb of the challenge, I address the

    contention that this is a “civil dispute dressed up in the garb of a

    criminal case.” The petitioners argue they are bona fide

    purchasers for value, caught in an internecine feud between the

    complainant and her nephew, Alphen Murmu. In evaluating this,

    one must apply the “Criminal Veneer” test established in State

    of Haryana v. Bhajan Lal (supra). While the Court may quash

    proceedings attended with mala fides, the mere existence of a

    “civil profile” does not grant immunity if the essential

    ingredients of a cognizable crime are present.

    35. As held in Priti Saraf v. State of NCT of Delhi (2021) SCC OnLine

    SC 206, a single set of facts can concurrently give rise to both

    civil and criminal liability. The unauthorized entry onto land

    (Section 447 IPC), the dishonest removal of property (Section

    379 IPC), and criminal intimidation (Section 506 IPC) are

    distinct criminal acts. The fact that the petitioners “paid” a third
    18
    CRR 2301 OF 2022

    party does not automatically absolve them of mens rea. These

    are disputed questions of fact that require a “full-dress trial”

    where the transaction can be scrutinized to see if it was a

    genuine purchase or a coordinated effort to dispossess a

    member of a Scheduled Tribe.

    36. Furthermore, in a trial for theft, the primary question is whether

    the accused intended to dishonestly take moveable property out

    of the possession of another without their consent. If the

    petitioners entered the land belonging to the complainant

    without her consent and removed 1,000 trees, the fact that they

    “paid” a third party, even a relative of the owner, does not

    automatically absolve them of criminal intent (mens rea). The

    “internecine family feud” between the aunt and the nephew may

    provide the contextual background, but it does not act as a

    statutory bar to prosecution at this prima facie stage.

    37. Crucially, as held in Dineshbhai Chandubhai Patel v. State of

    Gujarat (supra), this Court cannot act as an investigating

    agency or a trial court, while exercising its inherent powers

    under Section 482. We cannot weigh the “truth” of the

    petitioners’ defence of being bona fide purchasers against the

    complainant’s allegations of forceful dispossession. Such a

    determination requires a “full-dress trial” where the “civil

    transaction” can be scrutinized to see if it was a genuine
    19
    CRR 2301 OF 2022

    purchase or a coordinated effort to dispossess a member of a

    Scheduled Tribe of her property.

    38. Consequently, the answer to Question No. III is that the

    presence of a commercial or civil element does not warrant the

    quashing. Following M/s Neeharika Infrastructure Pvt. Ltd. v.

    State of Maharashtra (supra), the power to quash must be

    exercised with “extreme care and caution.” Where the

    allegations disclose the commission of cognizable offences, the

    “truth” of the transaction must be tested in the crucible of trial.

    The petitioners’ defense is a shield to be used before the Trial

    Court, not a sword to terminate the proceedings at this

    threshold. Therefore, the dispute cannot be characterized as

    “purely civil” so as to oust the jurisdiction of the Criminal Court.

    39. Finally, regarding Question No. IV, Mr. Mallick argued that the

    “unexplained delay” of over one year and the absence of

    independent witnesses render the story “manifestly improbable

    and “vaguely crafted,” and that these factors, taken together,

    bring the case within the seventh category of the Bhajan Lal

    guidelines, where the proceeding is “manifestly attended with

    mala fides.”

    40. However, in evaluating the impact of delay, one must navigate

    the balance between a “stale claim” and a “suppressed

    grievance.” While an inordinate and unexplained delay in

    lodging an FIR can often be a ground for suspicion, the Hon’ble
    20
    CRR 2301 OF 2022

    Supreme Court has repeatedly held, as in State of Himachal

    Pradesh v. Gian Chand (2001) 6 SCC 71, that delay by itself is

    not a ground for quashing a prosecution if the complainant

    provides a plausible reason or if the circumstances of the case

    explain the hiatus. In the present factual matrix, the

    complainant is a member of a marginalized Santhal community,

    alleging high-handedness by local businessmen and a “Civic

    Volunteer.”Connectivity must be established between the social

    status of the victim and the temporal gap in the litigation.

    41. In this matrix, the complainant is a member of a marginalized

    Santhal community (a Scheduled Tribe) facing local

    “heavyweights,” the loss of 1,000 trees and enduring caste-

    based slurs, often grapples with systemic hurdles, fear of

    reprisal, and a lack of immediate legal resources. As noted in

    Swaran Singh v. State (supra), the court must take a

    “pragmatic view” of such delays in the context of social power

    imbalances. Whether the delay was used to “manufacture” a

    story or was a product of genuine distress is a “triable issue” of

    fact. It would be a travesty of justice to stifle a trial at the

    threshold solely on the ground of delay without allowing the

    complainant to explain the same in the witness box.

    42. Similarly, the absence of independent public witnesses at this

    stage is not a “lethal blow,” to the Charge Sheet/ proceedings,

    as the Case Diary contains corroborating statements under
    21
    CRR 2301 OF 2022

    Section 161 Cr.P.C. In a revisional jurisdiction, this Court cannot

    presume that the prosecution’s case is “vague” merely because

    the list of witnesses primarily includes the complainant’s family.

    Following the ratio in Zahira Habibulla H. Sheikh v. State of

    Gujarat (2004) 4 SCC 158, the Court’s duty is to ensure that the

    “truth” is not the casualty of technicalities. The presence of

    Section 161 statements in the Case Diary corroborating the

    felling of trees and the use of slurs provides sufficient prima

    facie ground to proceed.

    43. The inherent power under Section 482 Cr.P.C. (now Section 528

    BNSS) is an extraordinary power to be exercised “ex debito

    justitiae”, to do real and substantial justice. As reiterated in M/s

    Neeharika Infrastructure Pvt. Ltd. (supra), the High Court

    cannot embark upon an inquiry as to the reliability or

    genuineness of the allegations when the Charge Sheet discloses

    cognizable offences. If there is a prima facie case of theft,

    trespass, and social atrocity, the High Court must stay its hand

    and allow the Trial Court to function as the “master of facts.”

    44. Consequently, the answer to Question No. IV is also in the

    negative. The delay and the nature of the witnesses are matters

    of “appreciation of evidence,” which fall strictly within the

    province of the Trial Court. The prosecution story cannot be

    termed “manifestly improbable” at this stage so as to warrant a

    summary termination of the proceedings.

    22

    CRR 2301 OF 2022

    45. Therefore, having answered all four questions against the

    petitioners, I find no compelling reason to interfere with the

    ongoing proceedings. The “truth” of the defence and the

    “veracity” of the grievances must be tested at trial.

    CONCLUSION AND LEGAL RATIO

    46. The adjudication of this revision has necessitated a delicate

    balancing of procedural mandates against the substantive

    requirements of social justice. In light of the exhaustive

    discussions recorded above, this Court determines that:

    (i) Investigative findings in a Charge Sheet supersede

    pre-cognizance procedural lapses, making them

    curable under Section 465 Cr.P.C.

    (ii) “Public View” is a functional concept determined by

    the visibility of the offence, not the proprietary title

    of the land. An operation of significant magnitude

    like the felling of 1,000 trees, is inherently an open-

    air activity that invites public attention, thereby

    satisfying the statutory intent of “public view”

    regardless of the private nature of the orchard or

    garden.

    (iii) The existence of a “civil profile” does not grant

    immunity from criminal prosecution, where the

    ingredients of Theft (Section 379 IPC) and Trespass

    (Section 447 IPC) are disclosed.

    23

    CRR 2301 OF 2022

    (iv) Criminal and civil liabilities can coexist, and the

    “truth” of a bona fide purchase defense is a matter

    of evidence to be tested at trial, not a ground for

    quashing under Section 482.

    (v) In exercising inherent powers, the High Court must

    refrain from conducting a “mini-trial” regarding the

    reliability of witnesses or the impact of delay, when

    the Case Diary discloses a prima facie caseof

    cognizable offences and social atrocity, the Court

    must stay its hand and allow the Trial Court to

    serve as the ultimate master of facts.

    47. Consequently, this Court finds that the petitioners have failed

    to demonstrate that the proceedings in Special (A) Case No. 02

    of 2021 are “manifestly attended with mala fides” or constitute

    an “abuse of the process of law.” On the contrary, the

    allegations of forceful dispossession and caste-based

    humiliation disclose grave issues that warrant a full-dress trial.

    The “truth” of the family feud and the “intent” of the timber

    merchants are disputed questions of fact that must be resolved

    through the crucible of cross-examination.

    48. Therefore, the Revisional Application challenging the Charge-

    Sheet fails. The pursuit of substantive justice for a member of a

    Scheduled Tribe cannot be derailed by hyper-technicality when
    24
    CRR 2301 OF 2022

    the investigating agency has found sufficient grounds for

    prosecution.

    CONSEQUENTIAL ORDERS AND DIRECTIONS

    49. In view of the decisive conclusions established above, this

    Court, in the exercise of its revisional jurisdiction, hereby issues

    the following formal orders:

    I. The Criminal Revisional Application, being C.R.R. No.

    2301 of 2022, is hereby dismissed.

    II. The prayer for quashing the proceedings in connection

    with Rampurhat P.S. Case No. 365 of 2021 (dated

    13.08.2021) and the resultant Special (A) Case No. 02

    of 2021 is strictly rejected.

    III. The Charge Sheet No. 553/2021, dated 30.12.2021,

    submitted by the investigating agency, is found to be

    legally sustainable for the purpose of framing charges.

    IV. To maintain the sanctity of the “judicial filter”

    mandated in Priyanka Srivastava and Another v. State

    of U.P. and Others (supra), while simultaneously

    upholding the investigative findings, the de-facto

    complainant (Opposite Party No. 2) is directed to file a

    Confirmatory/Supplementary Affidavit before the

    Learned Trial Court. This affidavit shall validate the

    contents of the original Section 156(3) petition and
    25
    CRR 2301 OF 2022

    shall be filed within a period of three (3) weeks from

    the date of communication of this order.

    V. The Learned Judge, Special Court under the Atrocities

    Act, 1st Court, Suri, Birbhum, is hereby directed to

    proceed with the trial with utmost expedition.

    VI. Considering that the alleged incident dates back to

    2020, the Learned Trial Court shall endeavour to

    conclude the recording of evidence and the final

    disposal of the case, preferably within a period of one

    (1) year from the date of receipt of this order.

    VII. It is made clear that the petitioners are at liberty to

    raise all their defences, including the plea of being

    bona fide purchasers, the topography of the “public

    view,” and the commercial nature of the transaction,

    at the stage of framing of charges and subsequently

    during the trial. The Learned Trial Court shall decide

    such issues strictly on the basis of the evidence led

    before it.

    VIII. The observations made by this Court in the course of

    this judgment are confined solely to the determination

    of the revisional application and shall not be construed

    as an expression of opinion on the merits of the case.
    26

    CRR 2301 OF 2022

    IX. The Learned Trial Court shall remain uninfluenced by

    these observations and shall conduct the trial

    independently, in accordance with the law.

    X. The Learned Trial Court is at liberty to take all

    necessary steps to secure the presence of the accused

    and the witnesses to ensure the continuity of the trial.

    XI. All interim orders or stays operating in this matter

    stand vacated with immediate effect.

    50. The Department is directed to transmit a copy of this Judgment

    and Order to the Learned Judge, Special Court under the

    Atrocities Act, 1st Court, Suri, Birbhum, and to the Officer-in-

    Charge, Rampurhat Police Station, for their information and

    immediate compliance.

    51. There shall be no order as to the cost.

    52. Interim order/orders, if any, stands disposed of accordingly.

    53. The Trial Court Record (TCR), if any, shall be sent down to the

    Trial Court, at once.

    54. Case diary, if any, be returned forthwith.

    55. All parties shall act on a server copy of this order downloaded

    from the official website of this Court.

    56. Ordered Accordingly.

    (Uday Kumar, J.)



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