Back
SHAMPA DUTT (PAUL)
Sumitra Adhikary – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Shampa Dutt (Paul), J.
1. The present revision has been preferred praying for quashing of proceedings arising out of Nakashipara Police Station Case No. 357 of 2015 dated 27.06.2015 under Sections 448/323/506 and 34 of the Indian Penal Code, 1860, pending before the Court of the Learned Additional Chief Judicial Magistrate at Nadia.
2. The petitioner’s case is that sometime in the year 2015 the opposite party no. 2 herein filed a petition of complaint before the Court of the Learned Chief Judicial Magistrate at Nadia against two accused persons including the petitioner herein on the allegations as canvassed therein with a prayer under Section 156(3) of the Code of the Criminal Procedure, 1973 for a direction upon the Officer-in-Charge of the Nakashipara Police Station to treat the same as a First Information Report and investigate into the same. The Learned Chief Judicial Magistrate at Nadia acceded to such prayer of the opposite party no.2 herein and consequently the instant case being Nakashipara Police Station Case No. 357 of 2015 dated 27.06.2015 under Sections 448/323/506 and 34 of the Indian Penal Code, 1860 was registered for investigation.
3. The investigating agency
The court quashed the FIR under the SC/ST Act, finding no prima facie evidence of a cognizable offence, emphasizing the abuse of legal process.
The judgment emphasizes the importance of establishing the essential ingredients of alleged offenses and the court's power to quash proceedings if the allegations do not constitute a prima facie case....
In cases of alleged abetment of suicide, there must be proof of direct or indirect acts of incitement to the commission of suicide. Merely on the allegation of harassment without there being any posi....
The inherent power of the court should not be exercised to stifle a legitimate prosecution.
Teachers can impose reasonable discipline, provided there is no malice or excessive force. Such actions fall under implied authority granted by parents.
While considering a petition under Section 482 Cr.P.C., it has only to be ascertained whether a prima facie case exists against petitioners.
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
