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BIVAS PATTANAYAK
Sudipto Banerjee – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
BIVAS PATTANAYAK, J.
1. The present revisional application has been filed by the petitioner under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the Code) for quashing of proceeding being GR case no. 727 of 2018 (arising out of Birpara Police Station Case no. 47 of 2018 dated 05.05.2018 under Sections 420/120 B of the Indian Penal Code and under Sections 3/7 of the Essential Commodities Act, 1955 and Section 23 of the Petroleum Act, 1934) pending before the learned Additional Chief Judicial Magistrate, 2nd court, Alipurduar, Jalpaiguri.
2. The brief fact of the case is that one Suraj Kumar Thakur, Inspector, Detective Department, Jalpaiguri lodged a written complaint with officer-in-charge, Birpara Police Station on 5 May 2018 alleging, inter alia, as follows.
(i) On 4 May 2018 the complainant received source information that an oil tanker bearing registration no. WB-71A-9909 containing solvent will arrive at Himalaya Agency, Birpara (an authorised petrol pump of Bharat Petroleum) and deliver huge quantity of solvent in order to adulterate the same with petrol and sell it to common people. Accordingly the complainant in order to work out the source
The central legal point established in the judgment is the application of fraud and criminal misrepresentation under Sections 420/468/471 of the Indian Penal Code in the context of a partnership agre....
Misrepresentation leading to financial loss constitutes fraud under IPC, validating the need for charges under Sections 420, 468, and 471.
The central legal point established in the judgment is the necessity of prima facie proof of the offence, the absence of mens rea, and the burden of proof on the accused to rebut the presumption of g....
Vicarious liability under the Standards of Weights and Measures (Enforcement) Act requires specific averments linking the accused to the commission of the offence, not mere implication.
Criminal proceedings initiated from civil disputes constitute an abuse of process, and courts must prevent misuse of criminal law for personal vendettas.
Court held that breaches of contract, if primarily civil in nature, do not implicate criminal liability unless fraudulent intent is evident from the outset.
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