AJOY KUMAR MUKHERJEE
Monika Kalra – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Ajoy Kumar Mukherjee, J.
1. Petitioner herein being aggrieved by the proceeding in GR Case no. 1406 of 2018 presently pending before the court of Judicial Magistrate 7th Court, Howrah, has preferred the present Application contending that the charge levelled in the impugned charge sheet in connection with said proceeding are bereft of any material particulars and as such the same has not been substantiated against the petitioner, though she has been arraigned as an accused in the said proceeding.
2. One officer of Liluah Fire Station lodged a written complaint with the officer-in-charge of the Belur police station alleging interalia that on 14.03.2018 at about 12.00 noon a large section of people led by the petitioner herein, claiming herself, to be the daughter of the owner of the premises suddenly entered in the fire station premises forcefully by breaking the window, wall etc. and forcibly took fire station belongings including gears appliances computer and other valuable articles in two trucks bearing registration No.WB 61 A 2215 and WB 11 B 9928 with display board ‘ on court duty’ and ‘police’ respectively. Further allegation in the complaint is that on being initially
Mukul Agarwal and others Vs. State of Uttar Pradesh and another
The High Court cannot quash criminal proceedings under Section 482 of the Cr.P.C. if the FIR allegations disclose a cognizable offence, as the correctness of these allegations must be determined at t....
The court emphasized that allegations in an FIR must establish a prima facie case for prosecution, and mechanical charge-sheets without credible evidence can be quashed under Section 482 of the Cr.P.....
The power to quash a criminal proceeding should be exercised sparingly and with circumspection, and the decision to exercise the inherent powers under Section 482 of the Cr.P.C. would be predicated o....
Power under Section 482 Cr.P.C. is very wide, but conferment of wide power requires court to be cautious. It casts an onerous and more diligent duty on court.
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 inherent power of the High Court under Section 482 of the Cr.P.C. should not be exercised to quash a criminal proceeding unless the allegations made in the FIR do not constitute ingredients of a ....
FIR not quashable where allegations of blocking judicial officer's residence and demanding bail prima facie show criminal trespass intent to intimidate; no mini-trial, accept FIR as true, especially ....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.