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SHAMPA DUTT (PAUL)
Susmita Maity Jana – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
SHAMPA DUTT (PAUL), J.
1. The present revisional application has been preferred praying for quashing of Debra PS FIR no. 181 of 2022 dated 18th April, 2022 under Sections 409/427/323/325/307/506 of the Indian Penal Code, 1860 read with Section 3(e)(s)(h) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.
2. The petitioners’ case in short is as follows:
(ii) In the year 2003, the petitioner no. 1 joined as an assistant teacher in Morunia Primary School at Sankrail Jhargram.
(iii) In the year 2006, the petitioner no. 1 became a head mistress of the said school and thereafter in the year 2012, she was transferred to Chaksahapur Primary School under the Debra east circle.
(iv) After joining in the said school, she came to know that the head mistress of Chaksahapur Primary School is also holding and/or responsible as one of the cheques issuing authority for a nearby hostel for primary girls under the name and style of Lodha Hostel. Another person for cheque signing authority for hostel was the superintendent of that school. Such responsibility was
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The court established that repetitive complaints lacking substantial evidence against the accused can constitute malicious prosecution, warranting quashing of proceedings to prevent abuse of legal pr....
Quashing petition under SC/ST Act dismissed as FIR allegations of caste abuse at public place prima facie disclose offences; courts accept averments at face value without evidence appreciation, civil....
The court ruled that for an offence under the SC/ST Act, abuse must occur in public view, which was not established, leading to quashing of proceedings.
The court established that mere allegations of caste-based insults are insufficient to invoke the SC/ST Act unless there is clear evidence of intent to humiliate based on caste and that the incident ....
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