Siddhartha Ray @ Siddhartha Roy vs The State Of West Bengal & Anr on 7 April, 2026

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    Calcutta High Court (Appellete Side)

    Siddhartha Ray @ Siddhartha Roy vs The State Of West Bengal & Anr on 7 April, 2026

    07.04.2026
    Ct. No.42
    D/L 36
    Mujahid
                                       CRR 1124 of 2025
    
                                Siddhartha Ray @ Siddhartha Roy
                                               Vs.
                                 The State of West Bengal & Anr.
    
    
    
                 Mr. Shataroop Purakayastha
                 Ms. Rajorna Masumder
                                                               ...for the petitioner
    
                 Mr. Arindam Sen
                 Mr. Subhajit Chowdhury
                                                                   ...for the State
    
                 Mr. Sayan Mukherjee
                 Ms. Tamoghna Chatterjee
                                                     ...for the opposite party no.2
    
    
                 1.

    Present petition has been filed for quashing of charge-

    sheet no. 72 of 2021 dated 31.03.2021 under Sections 341/

    SPONSORED

    323/354/509/506 of the IPC and the entire proceedings being

    A.C.G.R. no. 422 of 2021 arising out of Haridevpur P.S. Case

    No.27 dated 30.01.2021.

    2. Learned counsel for the petitioner submits that the

    present proceedings are totally abuse of the process of the Court

    and is liable to be quashed. Learned counsel for the petitioner

    invite the attention of the Court to the complaint of opposite

    party no.2 dated 30th January, 2021 on the basis of which FIR

    no.27/2021 was lodged. Learned counsel submits that the bare

    perusal of the complaint makes it clear that no offence under

    Section 354 IPC or other offences are made out. Thereafter

    learned counsel has taken the court to the 161 Cr.P.C.

    statements of Anuva Ganguly, Swaraj Ganguly, Ria Guha, Arnab
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    Guha and Partah Pratim Bhattacharjee. Learned counsel has

    taken pains to invite the attention of the Court to the statement

    recorded under Section 164 Cr.P.C. of Ria Guha to buttress his

    contention that there are material contradictions in the

    testimony of prosecution witnesses which reveals the mala fide

    intention. Reliance has also been placed on the 164 Cr.P.C.

    statement of the de facto complainant.

    3. Learned counsel submits that not only there are material

    contradictions and improvements in the testimony of the

    prosecution witnesses, the ingredients of offence are also not

    made out. Learned counsel has placed reliance upon the

    judgment of the Co-ordinate Bench of this Court in Sumit Kr.

    Gupta vs. State of West Bengal, 2014 Supreme (Online)(Cal) 18

    as well as Mushtaq Ahmad Sha & Ors. vs. UT of J&K & Ors.,

    2025 Supreme (Online)(J&K) 1145. Learned counsel submits

    merely allegation of pushing a woman by hand does not fulfill

    the ingredient of Section 354 of the IPC. Learned counsel also

    submits that mere assault or use of criminal force to a woman

    simplicitor, without there being any intention on the part of the

    accused to outrage the modesty of the women, would not fall

    within the definition of the offence punishable under Section

    354 of the IPC. Learned counsel submits that therefore the

    present proceedings may be quashed.

    4. Learned counsel for the State has opposed the

    submissions made by the learned counsel for the petitioner.

    Learned counsel submits that the prosecution witnesses have

    made a consistent statement. Learned counsel for the State has
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    also placed translated copy of statement recorded under Section

    164 Cr.P.C. of de facto complainant and Ms. Ria Guha. Learned

    counsel submits that all the statements have duly been

    corroborated by the medical evidence. Learned counsel further

    submits that at this stage the court cannot meticulously

    examine the probative value of the prosecution witnesses.

    5. Learned counsel for the opposite party no.2 has also

    vehemently opposed the present revision petition and submits

    that the arguments being raised by the learned counsel for the

    petitioner have no substance. Learned counsel submits that this

    Court at the stage of quashing cannot examine threadbare

    examination of the testimony of the prosecution witnesses and

    the material placed by the prosecution. Leaned counsel submits

    that such exercise can be conducted only after the conclusion of

    the trial.

    6. It is a settled proposition that scope of interference under

    Section 482 Cr.P.C. is though wide, but consistently it has been

    laid that the same has to be exercised with grave

    circumspection. In this regard it is advantageous to refer to the

    State of Karnataka vs. M. Devendrappa & Anr., 2002 (1)

    Supreme 192, wherein it was inter alia held as under:-

    “As noted above, the powers possessed by the High Court
    under Section 482 of the Code are very wide and the very
    plenitude of the power requires great caution in its
    exercise. Court must be careful to see that its decision in
    exercise of this power is based on sound principles. The
    inherent power should not be exercised to stifle a
    legitimate prosecution. High Court being the highest
    Court of a State should normally refrain from giving a
    prima facie decision in a case where the entire facts are
    incomplete and hazy, more so when the evidence has not
    been collected and produced before the Court and the
    4

    issues involved, whether factual or legal, are of magnitude
    and cannot be seen in their true perspective without
    sufficient material. Of course, no hard and fast rule can
    be laid down in regard to cases in which the High Court
    will exercise its extraordinary jurisdiction of quashing the
    proceeding at any stage. [See: The Janata Dal etc. vs. H.S.
    Chowdhary and Ors. etc. (AIR 1993 SC 892), Dr. Raghubir
    Saran vs. State of Bihar & Anr. (AIR 1964 SC 1)]. It would
    not be proper for the High Court to analyse the case of the
    complainant in the light of all probabilities in order to
    determine whether a conviction would be sustainable and
    on such premises, arrive at a conclusion that the
    proceedings are to be quashed. It would be erroneous to
    assess the material before it and conclude that the
    complaint cannot be proceeded with. In proceeding
    instituted on complaint, exercise of the inherent powers to
    quash the proceedings is called for only in a case where
    the complaint does not disclose any offence or is frivolous,
    vexatious or oppressive. If the allegations set out in the
    complaint do not constitute the offence of which
    cognizance has been taken by the Magistrate, it is open to
    the High Court to quash the same in exercise of the
    inherent powers under Section 482 of the Code. It is not,
    however, necessary that there should be meticulous
    analysis of the case before the trial to find out whether the
    case would end in conviction or acquittal. The complaint
    has to be read as a whole. If it appears that on
    consideration of the allegations in the light of the
    statement made on oath of the complainant that the
    ingredients of the offence or offences are disclosed and
    there is no material to show that the complaint is mala
    fide, frivolous or vexatious, in that event there would be
    no justification for interference by the High Court. When
    an information is lodged at the police station and an
    offence is registered, then the mala fides of the informant
    would be of secondary importance. It is the material
    collected during the investigation and evidence led in
    Court which decides the fate of the accused person. The
    allegations of mala fides against the informant are of no
    consequence and cannot by itself be the basis for
    quashing the proceeding. [See: Mrs. Dhanalakshmi vs. R.
    Prassnna Kumar and Ors.
    (AIR 1990 SC 494), State of
    Bihar & Anr. vs. P.P. Sharma I.A.S. & Anr. (1992
    Suppl.
    (1) SCC 222), Rupan Deo Bajaj (Mrs.) & Anr. vs.
    Kanwar Pal Singh Gill & Anr.
    (1995 [6] SCC 194), State of
    Kerala & Ors. vs. O.C. Kuttan & Ors.
    (1999 [2] SCC 651),
    State of U.P. vs. O.P. Sharma
    (1996 [7] SCC 705), Rashmi
    Kumar (Smt.) vs. Mahesh Kumar Bhada
    (1997 [2] SCC

    397), Satvinder Kaur vs. State (Govt. of NCT of Delhi) and
    Anr.
    (1999 [8] SCC 728), Rajesh Bajaj vs. State NCT of
    Delhi and Ors. (AIR 1999 SC 1216)].”

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    7. The Constitutional Courts have time and again

    emphasized that the testimony of the witnesses are to be

    examined for the purpose of finding it is truthfulness only after

    the witnesses have been put to the rigour of the cross-

    examination. The discretion of Section 482 Cr.P.C. can only be

    exercised if the case on its face value is frivolous or vexatious

    and no case is made out. The court at this stage cannot go into

    the correctness or otherwise of the material placed by the

    prosecution in the charge-sheet. Reliance may be placed upon

    Manik B vs. Kadapala Sreyes Reddy & Anr., SLP (Crl) No.

    2924 of 2023.

    8. It is no more res integra that the court, at this stage,

    cannot go into the veracity of the allegations and material

    collected by the police during the course of investigation. The

    court, at this stage, is only required to see that whether any

    sufficient material is available to proceed further against

    accused for which accused is required to be tried or not. The

    issue whether the criminal proceedings are malicious or not is

    required to be considered at the conclusion of the trial. Reliance

    can be placed upon Central Bureau of Investigation vs. Aryan

    Singh Etc., 2023 0 Supreme (SC) 334.

    9. The Court while exercising the discretion under Section

    482 Cr.P.C. cannot resort to a power so as to cut short the

    proceedings without affording the prosecution giving an

    opportunity of conducting the trial. The reliability or

    genuineness of allegations made in the FIR of the complaint are

    to be tested on the basis of the evidence.

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    10. The Court considers that there is no substance in the

    arguments being raised by the learned counsel for the petitioner.

    11. In view of the discussions made hereinabove, the present

    revision petition is dismissed.

    12. All parties shall act on the basis of the server copy of this

    order duly downloaded from the official website of this Court.

    (Dinesh Kumar Sharma, J.)



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