Back
SHAMPA DUTT (PAUL)
Amit Dey – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
(Shampa Dutt (Paul), J.)
1. The present revisional application has been preferred praying for quashing of proceedings in Kalyani FIR No. 363/22 being Charge Sheet No. 400 under Sections 341/323/506/34 of the Indian Penal Code.
2. The petitioners’ case is that the de facto complainant is his maternal grandmother and she voluntarily desired to register a gift deed out of natural love and affection. A gift deed was registered on 15th May, 2019 in the office at A.D.S.R., Kalyani, Nadia, recorded in Book No. 1, Volume No. 1303-2019, Pages from 36831 to 36845, being No. 13031943 for the year 2019.
3. The petitioner No. 1 on the basis of the Gift Deed made an application for mutation before the competent authority. In course of mutation proceeding, a notice was served upon the de facto complainant for hearing. The competent authority i.e. Gayeshpur Municipality was duly satisfied and recorded the name of the petitioner no. 1 and expunged the name of the De facto complainant from the Assessment Role and issued a Certificate of Mutation by letter dated 13.08.2019.
4. The petitioner no. 1 together with his mother namely Tara Dey took house building loan from the LIC HFL, in the year 2
Criminal proceedings cannot be initiated for civil disputes, and jurisdiction under Section 482 CrPC should be exercised to prevent abuse of the court process.
Cheating and forgery – A bonafide criminal prosecution cannot be quashed at threshold.
The mere existence of a civil dispute does not bar criminal proceedings where allegations disclose crimes, and the delay in filing a complaint does not negate the need for investigation.
Civil disputes cannot be agitated before Criminal Courts.
The main legal point established in the judgment is the principle that the continuation of criminal proceedings would amount to an abuse of process of the Court, especially in the presence of pending....
High Court is entitled to quash a proceeding if it comes to conclusion that allowing proceeding to continue would be abuse of process of Court or that ends of justice require that proceeding ought to....
(1) A bonafide criminal case cannot be stifled at threshold by High Court.(2) In order to examine as to whether factual contents of FIR disclose any cognizable offence or not, High Court cannot act l....
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
