ANIMESH KUMAR DEY vs STATE OF WEST BENGAL AND ANR

IN THE HIGH COURT AT CALCUTTA
CRIMINAL REVISIONAL JURISDICTION
Appellate Side

Present:
The Hon’ble Justice Ajay Kumar Gupta


C.R.R. No. 2884 of 2024
ANIMESH KUMAR DEY
VS


THE STATE OF WEST BENGAL & ANR.


For the Petitioner : Mr. Avirup Mondal, Adv.
Ms. Ahana Ghosh Mondal, Adv.

For the State : Mr. Ranjan Chakraborty, Adv.
Mr. Deepak Shakawat, Adv.

Heard on : 31.08.2026
Delivered on : 03.09.2026
Uploaded on : 03.09.2026

Ajay Kumar Gupta, J.:
1. This instant Criminal Revisional application has been filed by
the accused/petitioner seeking quashing of the proceeding being
G.R. Case No. 1750 of 2023 arising out of Arambagh P.S. Case
No. 381/2023 under Sections 188/285/286 of the Indian Penal
Code, 1860 and Section 24 of West Bengal Fire Services Act,

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1950, pending before the Court of the Learned Additional Chief
Judicial Magistrate at Arambagh.

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2. The brief facts of the case are that on 11 November, 2023 at
about 20.45 hrs. to 22.15 hrs., the Opposite Party No. 2 received
information from a reliable source over telephone that the
petitioner was selling sound-crackers and fireworks illegally in
his shop named and styled as ‘Shibam Stationery Shop’ at
Kayettala, Gourhati, under Arambagh Police Station and earning
money by illegal means.
3. The opposite party no. 2, along with a team, with due permission
of the Officer-in-Charge, Arambag PS, conducted a raid in the
shop of the petitioner and seized 35 kgs of different types of
prohibited sound-crackers and fireworks as per the seizure list.

4. A case being Arambagh P.S. Case No. 381/2023 under Sections
188/285/286 of the Indian Penal Code, 1860 and Section 24 of
the West Bengal Fire Services Act, 1950, was initiated when the
petitioner failed to produce any valid licence for selling such
sound-crackers and fireworks.
5. Learned counsel appearing on behalf of the petitioner submits
that he is innocent and is in no way connected with the offence
as alleged. The petitioner is not the owner; he is merely a staff of
‘Shibam Stationery Shop’ and does not know about the

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consequences of selling such crackers and fireworks, all the
crackers were green crackers which were permissible in law. The
case, initiated against the present petitioner, is out and out false
and frivolous and only to harass the petitioner.


6. Learned counsel further submits that the petitioner was not
selling the sound-crackers in any manner whatsoever. Therefore,
the ingredients of Section 188 of the IPC and other sections are
not attracted against the petitioner. Only on such ground the
petitioner’s case may be quashed to prevent abuse of process of
law and to secure the ends of justice.
7. Learned counsel appearing on behalf of the State, on the other
hand, produces the case diary and submits that the case was
registered by S.I. of Police before the Officer-in-Charge, Arambag
PS after seizing sound-crackers and fireworks. The offences fall
under the category of cognizable offence. Apart from that, after
completion of investigation, a charge sheet being No. 386/23
dated 30.11.2023 u/s 188/285/286 of IPC and 24 of the WB
Fire Services Act has been submitted against the sole accused,
the petitioner herein when a prima facie case was established.
Therefore, this Revisional application is liable to be dismissed.
8. Having heard the submissions made by the learned counsels for
the respective parties and having gone through the materials

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available in the case diary, particularly the statements and
seizure list, this Court is of the view that while registering the
FIR, a cognizable offence was disclosed. Furthermore, during
investigation, sufficient materials were collected against the
present petitioner. He is the owner of ‘Shibam Stationery Shop’,
as appeared from the case diary. Therefore, this Court does not
find any sufficient ground or reason to quash the proceeding
against the present petitioner.
9. Furthermore, this Court cannot embark upon a trial or mini trial
to ascertain whether he is innocent or falsely implicated in this
case. It reveals from the CD that the allegation against the
petitioner is prima facie established. Therefore, a trial is required
to be conducted by the trial court to unearth the truth after final
disposal of this case.

10. Accordingly, C.R.R. No. 2884 of 2024 is dismissed . Connected
applications, if any, are also, thus, disposed of. Learned
Additional Chief Judicial Magistrate at Arambagh is directed to
expedite the proceeding as expeditiously as possible to arrive at
the logical conclusion.
11. Case Diary, if any, be returned to the learned counsel for the
State.

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12. Interim order, if any, stands vacated.
13. Let a copy of this judgment be forwarded to the Learned Trial
Court for information.
14. All parties shall act on the basis of a server copy of this
judgment duly downloaded from the official website of this court.
15. Urgent photostat certified copy of this judgment, if applied for, is
to be given as expeditiously to the parties on compliance of all
legal formalities.


(Ajay Kumar Gupta, J.)

(P.A.)