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AJAY KUMAR GUPTA
Sachin Kumar Gupta – Appellant
Versus
Malashree Biswas – Respondent
JUDGMENT :
Ajay Kumar Gupta, J.
1. By filing this criminal revisional application, the petitioners being the accused persons prayed for quashing of proceedings being Complaint Case No. 256C of 2014 pending before the Learned Judicial Magistrate, 4th Court, Howrah under Sections 323/504/506/509/120B/34 of the Indian Penal Code and all orders passed therein.
2. The brief facts, leading to filing of this instant criminal revisional application, are as under:
2a. The petitioner no. 1 is the Legal Manager of an HDFC Bank Limited and petitioner no. 2 is an Assistant Vice President of the said bank. They have been arraigned as accused persons in a Complaint Case No. 256C of 2014 for alleged commission of offence punishable under Sections 323/504/506/509/120B/34 of the Indian Penal Code with an allegation as, inter alia, as follows:
The court established that criminal proceedings cannot be maintained if they are manifestly mala fide and lack sufficient evidence, emphasizing the importance of procedural compliance.
Vague allegations without specific roles attributed to accused do not warrant continuation of criminal proceedings, necessitating quashing to prevent abuse of process of law.
Complaint filed by the respondent No.2 would be barred by Section 300 (1) of the Criminal Procedure Code being successive prosecution as for the very set of allegations, earlier complaint filed by th....
Criminal Revision - Party who files a revision under Section 397 Cr.P.C., but fails, cannot move the High Court under Article 227 of the Constitution.Bar contained under Section 397(3) Cr.P.C., would....
Claims of financial misconduct made after significant delays raise doubts about their legitimacy, especially in domestic disputes.
Vague, general allegations in matrimonial disputes are insufficient for a criminal trial under IPC Section 498A, necessitating specific roles and details for due process.
The judgment establishes that complaints involving civil disputes should not be converted into criminal proceedings, and emphasizes the mandatory inquiry under Section 202 Cr.P.C. when the accused is....
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