19.03.2019. C.R.R. No. 2625 of 2018
Mr. Milon Mukherjee
Mr. Anirban Banerjee ….for the petitioner
Mr. Soumyajit Das Mahapatra
Mr. S. Basu Roy Chowdhury …for the O.P.
Mr. Saryati Dutta …for the State
This is an application under Section 482 of the Code of Criminal
Procedure on behalf of the petitioner, Somenath Bhattyacharjee @ Bhattacharjee
who is a practicing advocate on regular basis at Alipore Judges Court as well as
Calcutta High Court and is a member of Calcutta High Court Bar Association and
the petitioner is the advisor to his client, Biswajit Karmakar who is a resident of
Bishnupur, Bankura and lives and work at Calcutta. The petitioners used to
advise his client in the matters relating to property disputes, inheritance issues as
well as assisting in matters relating to his client’s aged and infirm mother,
According to the petitioner, his client’s father, Murari Mohan Karmakar had
three sons being Ashim (the eldest), Biswajit (the middle), Ashish (the youngest)
and one daughter, being Rita Mondal @ Karmakar, opposite party no. 2. After the
death of client’s father there were various property disputes as the brothers and
sisters of the of the client were attacking him with a view to getting control of the
property in question.
According to the petitioner, his client was all along looking after his aged
and infirm mother since the death of his father together with his elder brother
Ashim, as she was abandoned by her other children. The client and his elder
brother are not well off, and somehow they were looking after their mother. In the
meanwhile the problem was created by the middle brother Ashish and the
husband of the O.P.No. 2, being Palash who were demanding that the mother
should sign off all the property in their names, after which they would look after
her and contribute financially to her maintenance and welfare.
So a lot of litigation has also been initiated by the parties. In this litigation
the petitioner had been advising the said Biswajit Karmakar, his elder brother,
Ashim Karmakar and their mother Shaktibala Karmakar. The petitioner has
appeared on several occasions for these clients as well and has all along dealt
with them professionally and in a transparent and clear manner respecting and
upholding all the best rules standards and traditions of the legal professions.
The petitioner had also advised his clients to initiate appropriate
proceedings under Section 125 of the Code of Criminal Procedure to ensure that
their mother was properly looked after and that the other brother Ashish and
sister Rita contributed to her welfare and maintenance. The said matter was duly
filed before the Court of the learned Additional Chief Judicial Magistrate,
Bishnupur, Bankura being Misc. Case No. 42/64 of 2018 filed on 11.07.2018 and
the same was fixed on 30.08.2018 when none appeared on behalf of the
opposite parties and date was fixed on 31.10.2018 for appearance as a last
Other civil proceedings being T.S.No. 28 of 2018 and T.S.No. 18 of 2018
and an application under Section 151 of the Code of Civil Procedure were filed
which were adjudicated in favour of the petitioner’s client which is depicted from
the information slip of the interim order dated 07.02.2018 passed by the learned
Civil Judge, Junior Division, Bishnupur, Bankura in T.S.No. 18, 2018 and T.S.No.
28 of 2018. A complaint was registered being case no. 38C/2018 which was filed
by Ashis Karmakar before the learned Additional Chief Judicial Magistrate,
Bishnupur which is still pending.
Shaktibala Karmakar lodged an FIR on 22.07.2018 under Sections
341/323/325/448/427/379/507/34 of the Indian Penal Code against Asish
Karmakar, Baisakhi Karmakar and Sukumar Karmakar and as no steps were
taken therefore she lodged another complaint on 29.07.2018 before Sonamukhi
Police Station. This incident of physical and mental torture by sons and daughter
in law upon their mother was published in the most popular daily newspaper
namely Ananda Bazar Patrika on 30.07.2018. Thereafter as a counterblast a
false case was initiated by the O.P.No. 2 which was registered as Sonamukhi
Police Station Case No. 86 of 2018 dated 01.08.2018 under Sections
341/323/354/379/34 of the Indian Penal Code against Ashim Karmakar and
The petitioner’s client namely Biswajit along with his wife his mother and
elder brother were invited by his brother Ashish and brother in law Palash to
come over to Bishnupur to discuss matters in maintenance and property dispute.
The petitioner’s client became afraid on the assertion that be would be
pressurized in some form and probably forced to sign some documents against
his wishes or that they would all be subjected to some form of torture or coercion,
as had happened on several occasions before, therefore, he asked the petitioner
in his capacity as his acquaintance and lawyer to accompany his family to
Bishnupur in order to advise them on the spot and hoping that his presence
would deter the other relatives from taking any extreme steps during this visit.
Still the petitioner did not accept to go to Bishnupur but finally being
influenced by his client that he would show him their village house and the
ancient architectural tourist attractions of Bishnupur, he had gone along to be
present during the meeting. The petitioner took his own vehicle and together they
all left Kolkata about 9 P.M. on 18.08.2018 so as to spend the night at Bishnupur.
On 19.08.2018 in the night at around 01.00 A.M. they had their evening
meal and were going to sleep when suddenly the client’s younger brother Ashish
together with his wife Baishakhi younger sister, O.P.No.2 with her husband
Palash came to the house of his client and started abusing their mother
Shaktibala shouting about the case initiated by her for maintenance. Ashish
assaulted their mother with a stick mercilessly, and Palash had taken a bucket
and banged it on the back of her head. When she collapsed on the floor the sister
Rita had tried to strangulate her. Hearing her hue and cries the petitioner’s client
Biswajit, his elder brother Ashim ran downstairs and intervened to save her life.
The petitioner and his driver had also come downstairs and was aghast at seeing
By that time the petitioner had reached downstairs, those attackers had
left the house, as his client had warned them that his lawyer was present, and
they would immediately take legal steps with the help of the lawyer as an
independent witness. Ironically those persons held out that they would see the
lawyer as well as Biswajit and left the place.
The client’s mother was taken to the hospital.
Finally after getting the proper medical attention, they immediately went to
the Police Station but were receiving no cooperation. It was about 5 A.M. in the
morning and the police officers were not at all interest in taking a complaint but at
the insistence of the petitioner who disclosed his identity as an Advocate and his
threat to go to the Court over this matter for police inaction, the officer on duty
agreed got to get in touch with his superiors and ultimately the complaint was
taken by the police at the intervention of the petitioner which was registered as
Bishnupur Police Station Case No. 97 of 2018 dated 19.08.2018 at 05.05 hours
under Sections 448/323/325/307/506/427/34 of the Indian Penal Code against
the said Ashish Karmakar and his wife Baishakhi Karmakar and sister Rita
Mondal @ Karmakar.
The petitioner was shocked to find that he was arraigned as an accused
along with his client Biswajit in a case being Bishnupur Police Station Case No.
98 of 2018 dated 19.08.2018 at 07.45 A.M. under Section Sections
448/323/354A/354/376/511/120B of the Indian Penal Code registered on the
basis of a complaint lodged by the O.P.No.2 as a counter blast.
It is also evident that the Investigating Officer of the case completed the
investigation within six days of the initiation of the case and submitted charge
sheet before the court of the learned Additional Chief Judicial Magistrate,
Bishnupur vide Charge Sheet No. 87 of 2018 dated 26.08.2018 under Sections
448/323/354A/354/376/ 511/ 120B of the Indian Penal Code.
In this background the petitioner has been falsely entangled in the instant
proceeding without any material basis whatsoever as it is crystal clear from the
scrutiny of the FIR and Charge Sheet that the petitioner was not at all involved in
any offences under Sections 448/323/354A/354/ 376/ 511/120B of the Indian
Mr. Mukherjee submits that the petitioner as an advocate was conducting
cases on behalf of his client, Shaktibala Karmakar and Biswajit Karmakar who
had filed Title Suit No. 28 of 2018 through his junior in the court of the learned
Civil Judge, Jr. Divn., Bishnupur for permanent injunction against the defendants
including O.P.No. 2/ complainant, Smt. Rita Karmakar (Mondal) who happens to
be the daughter of plaintiff no. 1 Shaktibala Karmakar and sister of plaintiff no. 2
Biswajit Karmakar of the said suit. It is submitted that there is a land dispute by
and between the parties and it is peculiar to take note of the fact that the mother
of the Opposite Party No. 2 had lodged a case being Sonamukhi P.S.Case No.
82/18 dated 22.07.2018 against the Ashim Karmakar Ors. The present
Opposite Party No. 2 Rita Karmakar (Mondal) lodged a case being Sonamukhi
P.S.Case No. 86/18 dated 01.08.2018 against Asish Karmakar. On 19.08.2018
Biswajit Karmakar had lodged a case being Sonamukhi P.S.Case No. 97/18
against Asish Karmakar and ors. including Rita Karmakar (Mondal). Thereafter
the said Rita Karmakar (Mondal), the opposite party no. 2 lodged a counter case
being Sonamukhi Police Station Case No. 98 of 2018 dated 19.08.2018 against
her own brother, Biswajit Karmakar and his lawyer, Mr. Somenath Bhattyacharjee
@ Bhattacharjee alleging attempt to commit rape and molestation on her by
criminal trespass to her premises.
There appears, personal ire between the parties. It is curious to note that
the conducting lawyer is implicated by a private party in such a counter case in
which the complainant, opposite party no. 2 has implicated his own brother for
commission of attempt to commit rape and molestation upon her.
Accordingly the petitioner has filed the instant revisional application for
quashing of the proceeding under reference.
On November 12, 2018 when this revisional application was moved before
this court, this court stayed of all further proceedings in the case under reference
qua the petitioner pending before the Learned Magistrate Court for a period of six
weeks from date.
It would appear from the order dated 26.02.2019 that the de facto
complainant OP 2 herein was present before this Court who candidly submitted
that she was compelled to put her signature on the FIR as directed by the Police
and she does not want to proceed with the case and she prayed for quashing of
the criminal case allegedly lodged by her. She expressed in open court that there
was no such case lodged by her. Rather she was asked to put her signature of
the FIR. The opposite party no. 2 has also submitted an affidavit by contending
that she is well aware of the circumstances leading to filing of this supplementary
affidavit in connection with the instant criminal revisional application.
The OP No. 2 voluntarily filed the supplementary affidavit to submit before
this Court that she had filed this criminal case as because she was pressurized
by the police only with an intention to harass the accused persons including the
She has no objection if the prosecution under reference being G.R.Case
No. 500 of 2018 arising out of Sonamukhi Police Station Case No. 98 of 2018
dated 19.08.2018 for alleged offence punishable under Sections
448/323/354(A)/354/376/511/120B of the Indian Penal Code and the Charge
Sheet being No. 87 of 2018 dated 26.08.2018 submitted after investigation
pending before the court of Learned Additional Chief Judicial Magistrate,
Bishnupur, Bankura is quashed and set aside by this Court.
In the context above, on hearing Mr. Milon Mukherjee, learned advocate for the petitioner
Mr. Soumyajit Das Mahapatra learned advocate for the O.P. 2 and Mr. Saryati Dutta, learned
advocate for the State OP1 and in consideration of the principle laid down by the Hon’ble Apex
Court in the case of the State of Madhya Pradesh Vs. Laxmi Narayan Ors. in Criminal Appeal
No. 349 and 350 of 2019 and in case of State of Maharashtra Vs. Vikram Anantrai Doshi
reported in (2014) 15 SCC 29 that the Court’s principal duty while exercising the powers under
Sections 482 of the Code of Criminal Procedure to quash the criminal proceedings should scan
the entire facts to find out the thrust of the allegations and the crux of the settlement as it is the
experience of the Judge that comes to his aid and the said experience should be used with care,
caution and after having scrutinised the factual aspects of the case as alleged this court hereby
quash the proceeding under reference being G.R.Case No. 500 of 2018 arising out of
Sonamukhi Police Station Case No. 98 of 2018 dated 19.08.2018 for alleged offence punishable
under Sections 448/323/354(A)/354/376/511/120B of the Indian Penal Code including the Charge
Sheet being No. 87 of 2018 dated 26.08.2018 under Sections 448/323/354(A)/354/376/511/120B
of the Indian Penal Code pending before the court of Learned Additional Chief Judicial
Magistrate, Bishnupur, Bankura qua the petitioner.
Thus, CRR No. 2625 of 2018 is disposed of.
Urgent photostat certified copies of this order, if applied for, be made
available to the parties upon compliance of the requisite formalities.
(Shivakant Prasad, J.)