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CHAITALI CHATTERJEE DAS
Avijit Singha Roy – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT
This is an application under Section 482 of the Code of Criminal Procedure, 1973, for quashing of proceeding and charge sheet no.267 of 2022 dated 23.9.2022, under Section 500/504/506/509 of the Indian Penal Code, 1860 pending before the Chief Judicial Magistrate at Hooghly.
2. The petitioner is working in Hewlett Packard Enterprise India private Limited (HP) in the post of Enterprise Business Manager Public Sector, North Eastern region of India for last 17 years. A partition suit being Title suit No.9 of 2014 is pending between the present petitioner and Swapan Kumar Singha Roy and others before the First Civil Judge. (Senior) at Chinsurah, Hooghly. A complaint was lodged by the daughter of Swapan Singh Roy against the petitioner by the Opposite Party no. 2 alleging against the present petitioner of constant abuse of torture, psychological trauma, anxiety and also physically threatened him on regular basis. He intentionally insults and verbally abuses the complainant in public sometimes in drunken/intoxicated, state, passing disrespectful and jarring comments to him, and he would be child. Further alleged that the petitioner has deliberately tried tarnishing her dignity and
Defamation, intentional insult, criminal intimidation and insulting gestures – Merely pendency of a civil suit is cannot render a criminal proceeding otiose but it is to be seen whether complaint its....
Specific allegations are required to sustain charges under IPC sections related to cruelty; vague and general allegations do not suffice.
Vague or farfetched allegations should be scrutinized, and if found frivolous, they should be quashed. Sections 504 and 506 of the IPC should not be loosely invoked without proper justification.
Vague allegations without specifics cannot constitute offenses under Sections 504 and 506 IPC; the continuation of such proceedings amounts to abuse of process.
Defamatory statements about a deceased individual can still harm the reputation of their relatives, establishing grounds for defamation under Section 500 IPC.
The court held that allegations of defamation and criminal intimidation lacked substance and failed to meet the necessary legal criteria under IPC Sections 500 and 506.
The main legal point established in the judgment is that allegations in a family property dispute lacked prima facie evidence of the accused committing the alleged offences, and the Magistrate's non-....
The judgment establishes that mere abusive language does not suffice to constitute an intentional insult under Section 504 IPC, and that the essential elements of criminal intimidation must be clearl....
Section 499 of Indian Penal Code reads defamation.
The main legal point established is the power of the High Court to quash criminal proceedings under Section 482 of the CrPC if they are manifestly frivolous or vexatious, and if instituted with an ul....
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