Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Cal) 890

IN THE HIGH COURT AT CALCUTTA
Tirthankar Ghosh, J.
Dev Jyoti Chatterjee & Ors. - Appellant
Vs.
The State of West Bengal & Anr. - Respondent
CRR No. 3 of 2023
Decided On : 02-08-2024

Advocates:
Advocate Appeared:
For the Appellant : Mr. Kaushik Chatterjee, Mr. Tirthankar Dey.
For the Respondent: Mr. Pratim Priya Dasgupta, Mr. Nishant Shukla, Mr. Abhishek Jhunjhunwala, Mr. Arijit Ganguly, Mr. Mainak Gupta.

IMPORTANT POINT
The court established that criminal proceedings can be quashed if they are found to be initiated with mala fide intentions and constitute an abuse of the court process.

Headnote:
Quash - Criminal Proceedings - IPC Sections 384, 420, 120B - The court discussed the provisions of IPC regarding extortion and cheating, emphasizing the need for a prima facie case and the potential for abuse of process, leading to the quashing of the proceedings.
Fact of the Case:
The case arose from a complaint alleging cheating and extortion by a business partner, who threatened the complainant for money. The police registered a case and submitted a charge-sheet based on the investigation.
Finding of the Court:
The court found that the complainant had suppressed material facts and that the case was initiated with an ulterior motive, leading to the conclusion that the proceedings were an abuse of the court process.
Issues: Whether the criminal proceedings initiated against the petitioners were based on a legitimate complaint or constituted an abuse of the court process.
Ratio Decidendi: The court held that the inherent powers under Section 482 of the CrPC could be invoked to quash proceedings that are manifestly frivolous or vexatious, especially when initiated with ulterior motives.
Result: The court quashed all proceedings arising from Dum Dum Police Station case no. 420 of 2019.

JUDGMENT :

Tirthankar Ghosh, J.

1. The present revisional application has been preferred challenging the proceedings including the charge-sheet being no. 799 of 2021 dated 19.08.2021 under Sections 384/420/120B of the Indian Penal Code submitted in connection with Dum Dum Police Station case no. 420 of 2019 dated 28.05.2019 (corresponding to G.R. No. 2492 of 2019) pending before the learned Additional Chief Judicial Magistrate, Barrackpore, North 24 Parganas.

2. The present case was initiated on the basis of a complaint submitted to the SHO, Dum Dum Police Station by Abhijit Paul alleging offences of cheating, blackmailing, extortion and defamation by his partner Dev Jyoti, M/s Jai Mata Dei Incorporation Pvt. Ltd. in connivance with Shukla Chatterjee and Priya Chatterjee who threatened him that if Rs.1.40 crore was not paid to them they would kill his family. It was alleged that the complainant is the Managing Director of Dr. Paul’s Multispecialty Clinic Pvt. Ltd. and has branch of his clinics all over India. On 18.05.2019 at about 05.00 pm three unidentified persons asked for Rs.1.40 crore in the name of Mr. Dev Jyoti, M/s Jai Mata Dei Incorporation Pvt. Ltd, one of them called Mr. Dev Jyoti over phone when the speaker was switched on and it was clearly heard that Mr. Dev Jyoti, his mother and wife have send them, who threatened that if the said amount was not handed over, they should kill the complainant and his family. One of them thrashed the complainant’s secretary Anup Kumar Bose and one of them was about to shoot him on his head and when he raised alarm then the accused persons fled away threatening them that if the incident was reported to the police they would come and the complainant would face dire consequences. It was further stated that Dev Jyoti was acquainted with the complainant and he offered to invest in his business to flourish in other states. The complainant did not have any idea regarding the person and he was a cheater who in the name of his company has cheated many persons by misrepresenting of fetching more profits. In the month of April-May, 2019 many people contacted the complainant that Dev Jyoti took huge amount from them in the name of his company and brand and they did not receive their deposits. The complainant questioned the accused Dev Jyoti who retaliated and threatened him to keep silent and advised him not to share the fact with anyone. The complainant alleges that the accused took nearly Rs.5 crores from his clinic and has deposited in his own account and another Rs.10 crores was cheated by Dev Jyoti in the name of his company and brand from different persons, when the complainant insisted to return his money and that of others which he has taken in the name of his company, the complainant was threatened for being implicated in fake, concocted criminal cases. The complainant has lost trustworthiness in the market and after suffering huge loss the accused are sending criminals to kill him and his family. Very recently complainant has again been threatened by an unidentified person when he was about to enter his home. The complainant therefore prayed for taking steps against the accused persons.

3. On the basis of the aforesaid complaint Dum Dum Police Station case no. 420 of 2019 dated 28.05.2019 was registered for investigation against Dev Jyoti Chatterjee, Shukla Chatterjee, Priya Chatterjee and other three unknown persons. The investigating agency conducted their investigation and on conclusion of investigation submitted charge-sheet before the learned Additional Chief Judicial Magistrate, Barrackpore, under Sections 384/420/120B of the Indian Penal Code. The investigating agency in order to substantiate their case relied upon 6 witnesses which included the complainant Abhijit Paul, Bijay Paul, Anup Kumar Bose, Lady ASI Harieat Tirkey Minj (Investigating Officer of the case) and Sub-inspector Jnanomoy Manna (Investigating Officer of the case).

4. Mr. Kaushik Chatterjee, learned advocate appea