Facts
The petitioner sought quashing of proceedings before the Juvenile Justice Board arising from a Bansdroni Police Station case alleging offences under Sections 341, 323, 506 and 34 of the IPC.
Source reference: para. 1–7The complaint alleged that the petitioner and others abused and assaulted the complainant and his minor son.
Source reference: para. 1–7The injury report’s history of assault named two other persons, not the petitioner; the complainant’s son stated that his father had been assaulted but did not say that he himself was assaulted.
Source reference: para. 1–7The investigating officer had not recorded a statement from the complainant or other family members.
Source reference: para. 1–7The petitioner, who was a minor at the time, claimed that the complaint was a counterblast to an incident in which he had been assaulted earlier that day.
Source reference: para. 1–7The High Court considered the case diary and the materials concerning the petitioner’s alleged participation.
Source reference: para. 6–8Issues
Whether the materials collected in the investigation disclosed the ingredients of the alleged offences against the petitioner
Source reference: para. 8, 11Whether the proceedings against the petitioner should be quashed where his participation was doubtful and the evidence did not support the complaint’s account of his involvement
Source reference: para. 7–10Law Applied
The Court applied the quashing principles set out in State of Haryana v. Ch. Bhajan Lal, 1992 Supp. (1) SCC 335.
Source reference: para. 9Those principles permit quashing, among other circumstances, where the allegations and supporting material do not prima facie disclose an offence against the accused, or where proceedings are manifestly mala fide and instituted to wreak vengeance.
Source reference: para. 9The offences alleged were under Sections 341, 323, 506 and 34 of the IPC.
Source reference: para. 1Reasoning
The Court found that, although the petitioner was named in the written complaint, he was not named in the injury report’s history of assault.
Source reference: para. 3, 6–8The investigating officer had not recorded the complainant’s statement, and the complainant’s son did not corroborate the allegation that he too had been assaulted.
Source reference: para. 3, 6–8The Court also noted that the petitioner was a minor and that, while he appeared to have been part of the group, his participation was doubtful; the materials indicated that he had not assaulted the victim.
Source reference: para. 3, 6–8Applying Bhajan Lal, the Court concluded that the case fell within the quashing principles and that the materials did not establish the ingredients of the alleged offences against the petitioner.
Source reference: para. 10–11Holding
The Court allowed the revisional application and quashed the proceedings in J.J.B. No. 101 of 2023, arising from Bansdroni P.S. Case No. 450 dated 10 November 2023, in respect of Bikramjit Das only.
Connected applications, if any, were disposed of; any interim order was vacated, and a copy of the judgment was directed to be sent to the trial court.
Source reference: para. 14–16Acts & Sections Cited
7 provisions across 2 statutes referred to in this judgment. Each provision opens on LawLens.
Indian Penal Code, 18604
Code of Criminal Procedure, 19733
Original Court PDF
BIKRAMJIT DASvsSTATE OF WEST BENGAL AND ANR
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