report of the Deputy Magistrate and Deputy Collector, Barrackpore addressed to the Sub-Divisional Officer of Barrackpore, it is submitted that although it is in the report that nearly 200 people assembled in front of the main entrance of the office building, the first information report contains names of 56 persons only. Even if, the allegations are relied upon on the face value, no materials are there to implicate the present Petitioners in the alleged offences. Materials on record do not disclose any of the ingredients of the offences alleged. The accused persons including the Petitioners went to the Administrative Building only to submit forms for correction of electoral list, as appears from the written complaint. He further stated, inviting attention to the acknowledgement part of the application forms, that the said applications were submitted on 17.02.2011 at 11:30 A.M. and not on 05.02.2011 as alleged which itself rules out presence of the Petitioners in the place of occurrence as well as their involvement in the offence alleged. According to the Mr. Ahmed, it is a fit case where High Court can exercise it’s jurisdiction under Section 482 of the Code of Criminal Procedure to quash the proceeding which is a false and privilege proceeding.
