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SUDHANSHU DHULIA, AHSANUDDIN AMANULLAH
Kanishk Sinha – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT :
(Sudhanshu Dhulia, J.)
1. Leave granted.
2. The appellants before this Court are husband and wife (appellant no.1 & 2, respectively), who are aggrieved by an order dated 27.06.2024 passed by the learned Single Judge of the Calcutta High Court by which the criminal revisions of the present appellants were dismissed. The appellants are accused in two different cases, the first registered as a First Information Report (‘FIR’) at police station Bhowanipur, Kolkata as FIR No.179 of 2010 dated 27.04.2010 under Sections 120B, 420, 467, 468, 469, 471 of the Indian Penal Code, 1860 (‘IPC’), read with Section 66A (a)(b)(c) of the Information Technology Act, 2000 (‘IT Act’). In the instant case, the complainant was Keyur Majumder. The second FIR which was initially moved as a complaint before the Ld. Magistrate, and the Ld. Magistrate in exercise of powers under Section 190 read with 156(3) of the Criminal Procedure Code, 1973 (‘CrPC’) directed registration of an FIR. The complainant in this case was Supriti Bandopadhyay, and the second FIR was registered as FIR No.298 of 2011 dated 08.06.2011 at police station Bhowanipur, Kolkata under Sections 466, 469, 471 read with 120B(ii) of IP
Judgment of Court will always be retrospective in nature unless judgment itself specifically states that judgment will operate prospectively.
Point of Law : Section 32 of the SARFAESI Act, which reads as Protection of action taken in good faith.—No suit, prosecution or other legal proceedings shall lie against any secured creditor or any o....
The court established that applications under Section 156(3) of the Cr.P.C. must be supported by affidavits and prior applications under Sections 154(1) and 154(3) to prevent abuse of the legal proce....
FIR registration is mandatory under Section 154 CrPC when cognizable offences are disclosed; failure to comply with procedural requirements invalidates the FIR.
The Magistrate has a duty to order an investigation when a cognizable offense is disclosed in a complaint, particularly in cases involving serious allegations such as forgery.
Compliance with specific guidelines for FIR registration as laid down by the Hon’ble Supreme Court is essential, and the court may quash an FIR if it is found to be an abuse of process of law and in ....
Failure to comply with procedural requirements under Sections 154(1) and 154(3) Cr.P.C led to the quashing of proceedings due to inconsistencies in the complainant's allegations.
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