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AJOY KUMAR MUKHERJEE
Syed Ruhul Amin – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Ajoy Kumar Mukherjee, J. - Present application has been preferred under section 482 of the code of Criminal Procedure for quashing of the charge-sheet being Charge sheet no. 212 of 2018 dated 31.10.2018 under Sections 147/149/153/153A/153B/186/188/120B of the Indian Penal Code along with section 7 of West Bengal animal slaughter control Act, 1950 arising out of Narayangarh Police Station case no. 7 of 2015 dated 07.01.2015 pending before the court of the learned Chief Judicial Magistrate at Paschim Medinipur including the order dated 6th December, 2018, passed in connection therewith.
2. On January 7, 2015, a suo moto First information Report was lodged by officer-in-charge of Narayangarh Police Station against as many as thirteen accused persons including present petitioner, inter alia on the allegations that the accused person without any legal permission conducted a 'Jalsa' programme at village Gama where they have slotted three cows in order to provoke persons of other religion and distributed it amongst 1200 visitors of 'Jalsa' programme. It is further alleged that in order to conduct said 'Jalsa' petitioner and others distributed leaflet in order to flare up communal t
The court emphasized the sparing and cautious exercise of jurisdiction under Section 482 of the Cr.P.C. and highlighted the need for addressing issues such as sanction and evidence at the appropriate....
The court established that charges cannot be sustained without adequate evidence, and magistrates must provide reasons for their decisions to ensure justice.
Point of law: Court in several cases, newspaper reports doesn’t constitute evidence. A petition based on unconfirmed news reports, without verifying their authenticity should not normally be entertai....
The court's decision was based on the application of principles governing the quashing of FIRs, emphasizing that the power to quash should be exercised sparingly and in exceptional cases.
The main legal point established is the application of Section 195 of the Code of Criminal Procedure, which restricts the cognizance of certain offences by a court without a proper complaint.
Point of law : In the backdrop of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this Court in a series of decisions re....
The judgment established that intention is crucial for offences under IPC Sections 295-A and 153-A, and emphasized the need for proper legal procedures in taking cognizance of such offences.
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