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SUBHENDU SAMANTA
Kohinur Begam – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
(Subhendu Samanta, J.)
1. The instant CRR has been preferred to quash a criminal proceedings being GR Case No. 114 of 2021 pending before the Learned CJM at Jalpaiguri arising out of Kotowali PS Case No. 11 of 2021 dated 8th January 2021.
2. The brief fact of the case is that the private OP No. 2 has lodged a written complaint with the Inspector-in charge of Kotowali Police Station at Jalpaiguri on 17.01.2021 contending inter alia that the OP No. 2 is the representation of a private Limited Company and undertook a construction over a piece of land. The present petitioners were trying to disturb the construction work of the company accordingly they received an order of Learned SDEM so that the present petitioner may not disturb the construction work. During the existence of such order of Learned SDEM, it has been alleged that on 07.01.2021, the present petitioners with the help of some outsider forcefully tried to construct some bamboo structure and also used filthy languages to the company officials and threatened to them with the dier consequences.
3. On the basis of such complaint police has started Kotowali Police Case No. 11 of 2021 dated 08.01.2021 u/s 447/188/506/34 of
Criminal proceedings cannot cloak civil disputes; FIR must disclose offence ingredients, and evidence evaluation is not permissible at quashing stage.
The pendency of a civil suit does not affect the criminal proceedings, and both can proceed simultaneously. The Court also emphasized the limited scope of interference at the stage of quashing charge....
The court affirmed that allegations must disclose a cognizable offence for criminal proceedings to continue, and the inherent powers to quash should be exercised sparingly.
Attempt to Murder - Court while hearing the matter under Section 482 of Cr.P.C. at initial stage of trial, cannot examine and genuineness of the statement, allegation made in FIR.
The main legal point established in the judgment is that the inherent power under section 482 of the Criminal Procedure Code should be sparingly used and only in exceptional cases to prevent abuse of....
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