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SHAMPA DUTT (PAUL)
Sanat Kumar Sikdar – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Shampa Dutt (Paul), J.
1. Affidavit-of-service filed be kept with the record. In spite of due service there is no representation on behalf of the opposite party no. 2/de facto complainant.
2. The present revisional application has been preferred praying for quashing of the proceeding in G.R. No. 5097 of 2018 arising out of Jagaddal P.S. Case No. 342 of 2018 dated 27.03.2018 under Sections 341/325/498A/34 of the Indian Penal Code, pending before the learned Additional Chief Judicial Magistrate, Barrackpore, North 24 Parganas.
3. The allegations made by the opposite party no. 1/de facto complainant is to the effect that:-
The court emphasized the necessity of specific allegations in Section 498A IPC cases to prevent misuse and quashed proceedings lacking prima facie evidence.
The court established that specific allegations are necessary to sustain a charge under Section 498A IPC, preventing misuse of the provision in matrimonial disputes.
The judgment emphasizes the need for specific allegations in cases involving Section 498A of the Indian Penal Code and cautions against false implications by way of general omnibus allegations.
The judgment established the importance of specific allegations and cautioned against implicating relatives of the husband without prima facie evidence in cases under Section 498A of the Indian Penal....
The court held that the ingredients required to constitute the offences under Sections 498A/406/506 of the Indian Penal Code are clearly absent in the present case and the allegations are general and....
In cases where the materials in the case diary and the charge sheet do not prima facie make out a case of cognizable offence against the accused, the proceedings should be quashed.
General and omnibus allegations, without any specific act of cruelty attributed, do not constitute a cognizable offense under Section 498A of the Indian Penal Code, and proceedings based on such alle....
The court's inherent powers under Section 482 CrPC can be exercised to quash proceedings where the allegations are frivolous or do not disclose any offense, or where the proceedings are an abuse of p....
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