2025 Supreme(Cal) 66
IN THE HIGH COURT AT CALCUTTA
Shampa Dutt (Paul), J.
Md. Jamil & Ors. – Petitioner
Versus
The State of West Bengal & Anr. – Respondents
CRR 3244 of 2023 With CRR 4421 of 2023, CRR 1947 of 2024, CRR 1950 of 2024
Decided On : 13-01-2025
Advocates:
Advocate Appeared:
For the Petitioner: Mr. Pawan Kr. Gupta, Ms. Sofia Nesar, Mr. Santanu Sett., Mr. Sekhar Kr. Basu, Sr. Adv., Mr. Antarikhya Basu, Mr. Sayan Mukherjee, Ms. Madhumita Basak. Mr. Kishore Mukherjee
For the Respondent: Mr. Debasish Roy, Ld. PP, Mr. Bitasok Banerjee, Ms. Subhasree Patel, Mr. Amarta Ghose, Mr. Vijay Verma, Mr. Soumya Nag.
For the Victim : Mr. Prosenjit Mukherjee, Mr. Samrat Banerjee
The court emphasized that inherent powers to quash criminal proceedings should be exercised sparingly, particularly in serious offences, to prevent abuse of process and ensure justice.
Headnote:(A) Indian Penal Code - Sections 420, 467, 468, 409, 120B, 34 - Quashing of proceedings - The petitioner sought to quash criminal proceedings arising from allegations of fraudulent land transactions involving a fabricated power of attorney. The court examined the validity of the FIR and the nature of the allegations, emphasizing the need for a thorough investigation into the fraudulent transfer of government land. (Paras 1, 11, 12, 32, 34)
(B) Criminal Procedure Code - Section 482 - Inherent powers of the High Court - The court reiterated that inherent powers should be exercised sparingly to prevent abuse of process and ensure justice, particularly in cases involving serious offences against society. (Paras 30, 34)
Facts of the case:
The petitioner challenged the proceedings initiated against individuals accused of fraudulently selling government land using a fabricated power of attorney. Allegations included conspiracy and illegal transactions involving multiple parties. (Paras 1, 2, 4, 11)
Findings of Court:
The court found that the allegations warranted further investigation due to the serious nature of the offences and the potential for significant societal impact. The FIR was not quashed as it did not disclose any legal bar against the proceedings. (Paras 34, 36)
Issues: The main issues included the validity of the power of attorney, the nature of the allegations, and whether the FIR disclosed a cognizable offence. (Paras 1, 11, 32)
Ratio Decidendi: The court held that the continuation of the proceedings was justified given the serious nature of the allegations and the need for a thorough investigation into the fraudulent activities. The court emphasized that the inherent powers to quash should not be exercised lightly, especially in cases involving serious offences. (Paras 30, 34)
Result: The applications for quashing the FIR were dismissed.
JUDGMENT :
Shampa Dutt (Paul), J.
1. The present revisional application has been preferred praying for quashing of entire proceedings, being G.R. Case No. 304 of 2023 arising out of Serampore P.S. Case No. 53 of 2023 dated 08.02.2023 under Sections 420/467/468/409/120B/34 of the Indian Penal Code, pending before the learned Additional Chief Judicial Magistrate, Serampore, Hooghly.
2. The petitioner’s case is that the on 26.05.2015, one Seema Singh lodged a complaint before the Serampore Police Station, alleging inter alia that:-
“……a piece of land measuring about 49 cottahs comprising Plot nos. 7141, 7142 and 7143 (L.R) in L.R. Khatian NO. 4317 under Mouza-Mahesh-15 under Serampore Municipality known as Laalmath adjacent to Serampore Housing Estate at R.K. Road belonging to Bangeswari Cotton Mills Ltd. is lying vacant 30/35 years since closure of the Mills, i.e. 1975 or before. As the factory is closed forever, as per prevailing law the said plots are vested with Government and in porcha there is nothing corresponding to L.R. Khatian 4317 as u/s 6(3) of WBEA Act and Section 4(1) of WBLR Act. Showing Subedar Khan and Mastu Mia as absolute owner of the said plots, a Power of Attorney has been executed in the names of (1) Wakil Ahmed, (2) Mohammad Shamim and (3) Mohammad Nayeem being No. 05541 executed on 07.08.2014 ARA-III, Kolkata. On physical verification she came to know that those two persons showing as owners do not live at the mentioned addresses in Kamarhati and the power of attorney is fabricated one. On the strength of said power of attorney the aforesaid three persons have been selling the said plots to laymen @ Rs.7 lakhs per cottah at ARA-III, Kolkata by showing RS and CS plot nos. On the basis of such complaint, Serampore Police Station initiated a criminal case against the aforesaid three persons namely (1) Wakil Ahmed, (2) Mohammad Shamim Anwar and (3) Mohammad Nayeem, being Serampore Police Station case No. 236 of 2015 dated 26.05.2015 under Sections 467/468/406/420/120B of the Indian Penal Code and the said case ended up in Charge Sheet being Charge Sheet No. 153 of 2016 dated 17.05.2016 under Sections 467/468/406/420/120B of the Indian Penal Code against the aforesaid three persons (1) Wakil Ahmed, (2) Samim Anowar @ Munna and (3) Mohammad Nayeem…..”
3. One Aftab Alam also filed an application under Section 156(3) of the Code of Criminal Procedure before the Court of learned Additional Chief Judicial Magistrate at Serampore, Hooghly on 01.02.2023 being C.R. Case NO. 51 of 2023 with a prayer to direct the Serampore Police Station to treat the said application as complaint and initiate an FIR.
4. The petitioners state that in the said application it has been alleged that:-
“……40 kathas of land comprising R.S. Dag No. 1731 corresponding to L.R. Dag No. 7141 and 7142 in Mouza-Mahesh, J.L. No. 15, L.R. Khatian No. 4317 adjacent to Serampore Housing Estate (66, R.K. Road) known as Lalmaath. The land still recorded in the name of Bangeswari Cotton Mills Ltd. The land was lying vacant since 1972 after the closure of the factory. Nasima Parween who had been Councilor from 2015 to 2022 hatched a conspiracy with her husband Akbar Ali who is existing Councilor, sold the entire land in fraudulent manner. They lured Wakil Ahmed and Md. Shamim Anwar for their nefarious mission and got a fraudulent power of attorney registered being no. 190305100 dated 28.08.2016 executed at ARA-II, Kolkata in favour of Wakil Ahmed and Md. Shamim Anwar by Subedar Khan of Kamarhati. The land is vested to the State. It is noted u/s 6(3) of WBEA Act and Section 4 (c)(1) of WBLR Act corresponding to L.R. Khatian No. 4317 as such no individual have right to possess or sell the said land and the power of attorney is illegal as Subedar Khan is artificial person and does not live in the address mentioned. On the basis of the said fraudulent power of attorney several deeds have been executed at ARA-III, Kolkata @ Rs.10 to 15 lakhs, about 22 deeds have been ex
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