VIKRAM NATH, SANDEEP MEHTA, N. V. ANJARIA
Sajal Bose – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. procedural background and facts of the case. (Para 3 , 4 , 5 , 6 , 8 , 10) |
| 2. details of the criminal revisions and legal challenges. (Para 11 , 12 , 13 , 14) |
| 3. arguments presented by parties. (Para 18 , 19 , 20) |
| 4. court's analysis of inherent jurisdiction. (Para 21 , 22 , 23) |
| 5. evaluation of evidence and cctv footage. (Para 24 , 26 , 28) |
| 6. ruling on applicability of criminal charges. (Para 29 , 30 , 31 , 32) |
| 7. final decision and order of the court. (Para 35 , 36) |
JUDGMENT :
1. Heard.
3. The instant appeals by special leave arise out of common impugned judgment and order dated 8th March, 2024 passed by High Court at Calcutta1 [Hereinafter, being referred to as “High Court”] Criminal Revision No. 1476 of 2023, filed on behalf of Sajal Bose2 [Appellant in Criminal Appeal @ Special Leave Petition (Criminal) No. 8672 of 2024. Hereinafter, being referred to as “appellant No. 1”] and Nabina Bose (Wife of Sajal Bose), and Criminal Revision No. 2305 of 2023 filed on behalf of Chandidas Joardar3 [Appellant in Criminal Appeal @ Special Leave Petition (Criminal) No. 8721 of 2024. Hereinafter, being referred to as “appellant No. 2”] Sautrik Joardar4 [Appellant in Criminal Appeal
The court ruled that where the allegations lack prima facie merit and are substantiated by credible evidence to the contrary, criminal proceedings can be quashed to prevent abuse of the legal process....
The main legal point established in the judgment is the requirement for a prima facie case to be made out against the accused and the limitations on the court's power to appreciate evidence at the pr....
The prosecution must prove the case beyond reasonable doubt, especially in the context of an ongoing civil dispute, to secure a conviction.
The inherent power to quash FIRs is strictly limited, requiring demonstrable grounds of abuse of process, not merits traditionally evaluated in trials.
The court emphasized the importance of evaluating the credibility of allegations and exercising inherent powers to prevent abuse of the legal process.
The court established that proceedings may be quashed where the FIR does not constitute a prima facie case against certain accused, emphasizing the limited evidentiary value of FIRs in criminal trial....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.