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SHAMPA DUTT (PAUL)
Sukhdeb Saha – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Shampa Dutt (Paul), J.
1. The present revisional application has been preferred praying for quashing of the FIR being Bidhannagar South P.S. FIR No. 209 of 2021, u/s 420/406/120B/34 of IPC, dated 22.07.2021, corresponding to G.R. Case No. 815 of 2021, arising out of M.P. Case No. 37 of 2021, now pending before the Additional Chief Judicial Magistrate, Bidhannagar, North 24 Parganas.
2. The petitioner’s case is that on 14.08.2016 the petitioner was duly elected as the General Secretary of the I.A. Block Residents' Forum, Salt Lake having its registered office at I.A.-23A, Bonochaya, I.A. Park, Sector- III, Salt Lake City, P.S. - Bidhannagar South, Kolkata - 700 097 and had been discharging his duties with outmost sincerity and integrity without any objection whatsoever.
3. The Petitioner further states that the Executive Committee of the IA Block Residents’ Forum was last formed on 07.08.2019 as the annual general meeting for 2020 could not be called due to Covid-19 Pandemic and imposition of nationwide lockdown. However, after the lockdown process, the Petitioner had issued a notice dated 13.12.2020 calling for the AGM of the I.A. Block Residents' Forum.
4. The General Secret
The main legal point established in the judgment is that the court can exercise jurisdiction under Section 482 of Cr.P.C. to quash criminal proceedings if they are an abuse of process and the dispute....
The court emphasized that allegations lacking evidence do not justify the summoning of accused, highlighting the necessity of due diligence by the Magistrate under Section 482 of the CrPC.
The main legal point established in the judgment is that criminal proceedings can be quashed if they are manifestly attended with mala fide and maliciously instituted with an ulterior motive for wrea....
The High Court has the authority to quash criminal proceedings when allegations are improbable and do not constitute an offense, especially when they arise from civil disputes.
Inherent powers under Section 482 Cr.P.C. should be applied cautiously, primarily to prevent abuse of process, and FIRs should not be quashed prematurely when allegations disclose a cognizable offenc....
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