Back
SHAMPA DUTT (PAUL)
Susmita Chakraborty – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Shampa Dutt (Paul), J.:
1. The present revision has been preferred praying for quashing of proceedings in connection with Charge Sheet being Charge Sheet No. 39 dated 28/02/2014 under Sections 341/506/34 of the Indian Penal Code against the petitioner and arising out of Jagacha Police Station Case No. 470/2013 dated 30/12/2013 under Sections 323/341/354/506/34 of the Indian Penal Code, corresponding to G.R. Case No. 9672 of 2013, and all orders passed therein, now pending before the Learned 4th Judicial Magistrate, Howrah.
2. The petitioner’s case is that the Opposite Party No. 2 and other members of her family picked up a quarrel with the family of the petitioner and over the said issue, there was a commotion between the two families on 02/08/2013 and the late grandmother of the petitioner namely Jyotiprabha Chakraborty lodged a First Information Report at Jagacha Police Station which was registered as Jagacha Police Station Case No. 269/2013 dated 03/08/2013 alleging therein “That the informant is the co-owner of the premises situated at B-4, Royal Jyoti Residency, 68, Subinoy Ghosh Sarani, Jagacha, Howrah and the co-owner of a lift situated in the aforesaid building. Sin
The main legal point established in the judgment is that the court can quash criminal proceedings if they are manifestly attended with mala fides and maliciously instituted with an ulterior motive fo....
Criminal proceedings cannot be initiated for civil disputes; a prima facie case must exist to avoid abuse of legal processes.
The court's decision to exercise the inherent powers under Section 482 of the Cr.P.C. is predicated on the facts of each case, and the court cannot weigh the material to determine the truth in the co....
The court established that charges cannot be sustained without adequate evidence, and magistrates must provide reasons for their decisions to ensure justice.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
