Dismissed¶21

Mongal Mondal v. State of West Bengal

Calcutta HC2 Jul 2025CRR/2262/2024

Case brief

AI extract

What is this about?

Quashing of FIR/police proceeding refused under S. 482 CrPC; written complaint held to disclose cognizable offence ratified by S. 161 CrPC witness statements; assault case under IPC Ss. 447/448/341/323/325/307/35A/379/506/34; Gosaba Police Station Case no 10 of 2023; G.R. Case No. 257 of 2023; CRR 2262 of 2024; High Court at Calcutta; Bibhas Ranjan De, J.; revisional application dismissed; reference to pending civil dispute between parties.

What did the court decide?

On careful perusal of the entire contents of the written complaint lodged before the police station along with the evidence collected during investigation, the Court found that a cognizable offence had been disclosed in the written complaint, and that this was ratified by the witnesses examined under Section 161 CrPC. ¶8

Mongal Mondal Vs State of West Bengal — Calcutta HC (2025) — LawSathi Research

¶1

Item 02.07. IN THE HIGH COURT AT CALCUTTA No. 2025 CRIMINAL REVISIONAL JURISDICTION 74 APPELLATE SIDE

Ct 32

CRR 2262 of 2024

rup

Mongal Mondal

Vs. The State of West Bengal

¶7

Mr. Amal Kumar Banerjee … for the petitioner. Mr. Arijit Ganguly, Mr. Sujoy Sarkar. … for the State.

¶8

Both the learned counsel appearing on behalf of the parties to this revisional application are present.

¶9

The instant revisional application has been filed with a prayer for quashing the proceeding in connection with G.R. Case No. 257 of 2023 corresponding to Gosaba Police Station Case no 10 of 2023 dated 18.01.2023 under Sections 447/ 448/ 341/ 323/ 325/ 307/35A/ 379/506 and 34 of the Indian Penal Code.

¶10

Learned counsel appearing on behalf of the petitioner has drawn my attention to the FIR and tried to impress that FIR did not disclose any cognizable offence. He has further submitted that there is a long standing civil dispute between the parties which is still pending.

¶11

Learned counsel appearing on behalf of the petitioner has further referred to the statement recorded under Section 161 of the Code of Criminal Procedure.

¶12

In opposition to that learned counsel appearing on behalf

¶13

¶14

of the State has relied on the evidence recorded under Section 161 of the Code of Criminal Procedure as well as medical examination reports.

¶15

After going through the written complaint addressed to the officer-in-charge of Gosaba Police Station, I find that on 18.01.2023 at about 4.30 P.M. one incident of assault took place wherein de facto complainant sustained injury and was treated by the Doctor. On submission of the written complaint before the concerned police station, a case was registered as Gosaba Police Station Case no 10 of 2023 dated 18.01.2023 under Sections 447/ 448/ 341/ 323/ 325/ 307/35A/ 379/506 and 34 of the Indian Penal Code.

¶16

During investigation, the witnesses including Doctor were examined by the Investigating Officer and injury reports were also collected in course of investigation.

¶17

After careful perusal of the entire contents of the written complaint lodged before the police station as well as evidence collected during investigation, I find that cognizable offence has been disclosed in the written complaint which was ratified by the witnesses examined under Section 161 of the Code of Criminal Procedure.

¶18