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2004 Supreme(Cal) 106

High Court Of Calcutta
P. N. SINHA
PATRU DAS - Appellant
Versus
STATE OF WEST BENGAL - Respondent
C. R. R.  2782  Of  2003
Decided On : 02/13/2004

Advocates Appeared:
MRINALKANTI MUKHARJI, TAPAS MIDDYA

The High Court can quash criminal proceedings under Section 482 of the Cr.P.C. only in exceptional cases, such as where the allegations in the F.I.R. or complaint do not prima facie constitute any offense or where they are so absurd and inherently improbable that no prudent person could conclude that there is sufficient ground for proceeding against the accused.

Headnote:

CRIMINAL PROCEDURE CODE - SECTION 482 - QUASHING OF CRIMINAL PROCEEDINGS - GROUNDS - F. I. R. AND CHARGE-SHEET DISCLOSING COGNIZABLE OFFENCES - NO GROUNDS FOR QUASHING.

Fact of the Case:

Petitioners sought to quash criminal proceedings against them, alleging that the complaint against them was false and that the charge-sheet did not disclose any cognizable offense.

Finding of the Court:

The court held that the F.I.R. and the charge-sheet disclosed cognizable offenses and that the petitioners' alibi and the alleged lack of external injuries on the victim were matters to be determined at trial.

Issues: Whether the High Court can quash criminal proceedings where the F.I.R. and charge-sheet disclose cognizable offenses.

Ratio Decidendi: The court held that the High Court can exercise its inherent jurisdiction under Section 482 of the Cr.P.C. to quash criminal proceedings only in exceptional cases, such as where the allegations in the F.I.R. or complaint do not prima facie constitute any offense or where they are so absurd and inherently improbable that no prudent person could conclude that there is sufficient ground for proceeding against the accused.

Final Decision: The court dismissed the petition, holding that the petitioners had not shown any exceptional circumstances warranting the quashing of the criminal proceedings.

P. N. SINHA, J.


( 1 ) THIS revisional application has been preferred by the petitioners praying for quashing the criminal proceeding being G. R. Case No. 38 of 2003 and the charge-sheet No. 89 of 2003 arising out of Dhantala P. S. Case No. 11 dated 9. 11. 03 now pending in the Court of the learned S. D. J. M. , Ranaghat.

( 2 ) LEARNED Advocate for the petitioners contended that the O. P. No. 2 has lodged a false complaint against the petitioners alleging commission of offence under Sections 147/148/324/448/307 of I. P. C. In the complaint it was stated that the incident took place on 2nd January, 2003 at about 4 p. m. The petitioner No. 2 is an employee of State Poultry Firm, Ranaghat and on 2. 1. 03 he was in his office from 10 a. m. to 5. 30 p. m. and it has been certified by Assistant Director, Animal Resource Development of the said poultry firm. Husband of the O. P. No. 2 is an antisocial and he is creating trouble in that area for which the neighbours and 'para' people filed a mass petition before the O. C. , Dhantala P. S. to take appropriate action against Pankaj Das, the husband of de facto-complainant, O. P. No. 2. The O. P. No. 2 being assisted by her husband has lodged a false complaint to create pressure upon the petitioners alleging false story of assault on Pankaj Das at the relevant time. The doctor's report reveals that there was no external injury on the person of pankaj Das and he was discharged from hospital on 13. 1. 03 with story of assault. There was no such injury which can attract elements of Section 307 of I. P. C. Allegations of raiding their house with a view to assault are totally false. The entire criminal proceeding is based on false complaint and the criminal proceeding should be quashed.

( 3 ) LEARNED Advocate appearing for the State submitted that the stage is not at all fit for quashing the proceeding or discharging the accused petitioners. It is not such a case in which the F. I. R. at its face value does not disclose commission of any offence. After completing investigation the police has already submitted charge-sheet. There is no ground and reason to quash the charge-sheet as this Court at this stage would not enter into discussion of evidence like a trial Court of appellate Court. The learned Magistrate may be direction to pass necessary order.

( 4 ) I have duly considered the submissions made by the learned advocates of the parties and perused the revisional application and the annexures made thereto. It appears that the O. P. No. 2 filed a complaint before the learned S. D. J. M. , Ranaghat praying for sending the petition of complaint to O. C. , Dhantala P. S. for investigation under Section 156 (3) of cr. P. C. Learned Magistrate forwarded the said complaint to O. C. , Dhantala p. S. for investigation under Section 156 (3) of Cr. P. C. and on the basis of it dhantala P. S. Case No. 11 dated 9. 1. 03 was started. In the F. I. R. the informant sampa Das i. e. , the present O. P. No. 2 made allegation that on 2. 1,03 at about 4 p. m. these petitioners entered into their house being armed with iron rod, shabal i. e. iron bar, sickle (da), lathi etc. and assaulted her husband pankaj Das mercilessly as a result of which Pankaj Das sustained injuries and he was removed to hospital. It was alleged that his condition is very serious and chance of his survival is remote. It appears that after completing investigation the Investigating Officer submitted charge-sheet being charge- sheet No. 89 of 2003 in the Court of the learned S. D. J. M. dated 8. 5. 03 which was forwarded by the O. C. , Dhantala P. S. on 20. 5. 03 and the learned S. D. J. M. received the same on 8. 8. 03.

( 5 ) THE Supreme Court in State of Karnataka v. M. Devendrappa and anr. reported in AIR 2002 SC 671 has observed that the High Court can exercise inherent jurisdiction under Section 482 of Cr. P. C. to quash a criminal proceeding where the allegations made in the F. I. R. or the complaint even if they are taken at their






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