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Synopsis

The Calcutta High Court on Thursday refused to quash the proceeding registered against a Teacher who was arraigned as accused in a case where communal and administrative disturbance was prevalent for two months in and around Tehatta High School over the celebration of “Nabi Diwas” by the Muslim Community students of the said school in 2017.

In the instant case, on January 28, 2017, a suo motu First Information Report was lodged at Uluberia Police Station, under Sections 147/148/149/186/332/333/353 of the Indian Penal Code, 1860.

It was alleged that the Managing Committee and Teacher-in-Charge of the said school were constantly raising objection for celebration of “Nabi Diwas”, over which many administrative meetings were held in different offices but no fruitful result was achieved and on January 28, 2017 at about 6 a.m., without any prior permission from any authority, Muslim Community students formed an unlawful assembly in front of the said school.

High Court was told that some local people provoked the students and assaulted the police party with lathi, rod etc., when the police requested them not to celebrate and as a result some police personnel sustained injuries.

Justice Shampa Dutt relied on the case diary placed before her.

"Case diary contains injury report in respect of the Police personnel, who sustained injuries in due course of carrying out their official duty to maintain law and order....Considering the nature of the offences alleged and materials on record, there appears a prima facie case against the petitioner to proceed toward trial.", the High Court noted.

Court also relied on the documents placed before it to deduce that accused was present in school when alleged incidents took place.

Accordingly, the revision application seeking quashing of proceedings pending before the court of the learned Additional Chief Judicial Magistrate, Uluberia, came to be dismissed.

Case Title: Sk. Reajul Hoque @ Sk. Riajul vs. The State of West Bengal