Tapasi Mondal vs The State Of West Bengal on 19 March, 2026

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    Calcutta High Court (Appellete Side)

    Tapasi Mondal vs The State Of West Bengal on 19 March, 2026

    19.3.2026
    3
    sb

    CRR 420 of 2026

    SPONSORED

    Tapasi Mondal
    Vs.
    The State of West Bengal

    Mr. Navanil De
    Mr. Subhrajit Dey …for the Petitioner

    This is an application wherein the petitioner has prayed

    for quashing of the impugned proceeding being G.R. case no.

    2744 of 2022, presently pending before the learned Chief

    Judicial Magistrate, Purba Midnapore at Tamluk.

    The petitioner herein is implicated under Sections

    143/147/149/186/283/323/353/427/120B of the IPC read

    with Section 3 of the Prevention of Damage to Public Property

    Act, 1984 read with Section 9 of the West Bengal Maintenance

    of Public Order Act, 2017 read with Section 8B of the National

    Highway Act, 1956.

    The allegation against the petition is that on 13th

    September, 2022, supporters of the political party including the

    present petitioner organized a rally violating Section 144 of the

    Code of Criminal Procedure around Nabanna and despite prior

    police warnings to refrain from the programme, the participants

    proceeded with the march.

    Being aggrieved by the aforesaid proceeding, learned

    counsel for the petitioner submits that in the suo motu

    complaint, the opposite party no. 1 failed to establish a
    2

    common object as required under Section 149 of the IPC and

    the allegation under Section 186 of the IPC are barred as the

    mandatory procedure under Section 195(1)(a) of the Code of

    Criminal Procedure was not followed. No specific overt act has

    also been alleged against the present petitioner for alleged use

    of criminal force and the investigation report does not disclose

    any prior meeting of minds to commit any illegal act. He further

    submits that Section 8B of the National Highway Act has been

    misplaced in this case. The petitioner being an Indian citizen,

    has a fundamental right to make rally under Article 19(1)(b) of

    the Constitution of India. During investigation, no weapon or

    incriminating materials was seized from the petitioner and

    therefore, further continuance of the instant proceeding against

    the petitioner, who is an MLA, Haldia will be mere abuse of

    process of the court.

    Having heard learned counsel for the petitioner, the

    application is admitted.

    Petitioner is directed to serve a copy of the application

    upon the State though the office of Public Prosecutor, High

    Court, Calcutta.

    Let the matter appear in the Monthly list of June, 2026

    under the heading “Contested Application”.

    Learned counsel for the petitioner prays for interim

    relief.

    Having heard learned counsel for the petitioner and that

    the petitioner had made out an arguable case which requires

    adjudication on merit, let the impugned order dated 19th July,
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    2025, which only pertains to the issuance of warrant of arrest

    against the petitioner, is hereby stayed for a period of twelve

    weeks or until further order, whichever is earlier.

    Urgent Photostat certified copy of this order, duly

    applied for, be given to the parties upon compliance of all

    requisite formalities.

    (Dr. Ajoy Kumar Mukherjee, J.)



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