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BIBHAS RANJAN DE
Zarin Momim Khan @ Zareen Khan – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Bibhas Ranjan De, J.
1. This Court is dealing with an application invoking the inherent power under Section 482 of the Code of Criminal Procedure (for short Cr.P.C) for quashment of the FIR being Narkeldanga P.S. Case No. 254 of 2018 dated 27.11.2018 under Sections 406/420/506/120B of the Indian Penal Code (for short IPC) presently pending before the Court of Ld. Additional Chief Judicial Magistrate (for short ACJM), Sealdah.
2. The impugned FIR has its genesis from the purported complaint dated 16.11.2018 lodged by the opposite party no. 2 herein against the petitioner and the other co-accused. The main allegation leveled in the purported FIR is to the effect that the accused persons entered into a criminal conspiracy and in pursuance to that conspiracy the petitioner deliberately failed to appear as a guest artist at eight(8) puja pandals during the festival of Kali Puja on 05.11.2018 as mutually agreed and organized by the opposite party no. 2 herein thereby committing criminal breach of trust and causing wrongful loss to the opposite party no. 2 herein to the tune of Rs. 42 lacs, and moreover the petitioner even threatened to defame and criminally intimidate the opposit
A breach of contract does not constitute an offence of cheating unless initial fraudulent intent is established; criminal proceedings should not be misused for civil disputes.
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....
Power under Section 156(3) warrants application of judicial mind. A court of law is involved. It is not the police taking steps at the stage of Section 154 of the Code.
While exercising powers under Section 482 Cr.P.C., Court has a very limited jurisdiction and is required to consider “whether any sufficient material is available to proceed further against accused f....
The court affirmed that a party only involved in a civil contract cannot face criminal liability unless it directly transacted or misappropriated funds, supporting the need for a clear distinction be....
Criminal proceedings cannot be initiated for civil disputes; a prima facie case must exist to avoid abuse of legal processes.
The main legal point established in the judgment is that if the contents of the FIR disclose commission of any offence, the same cannot be quashed under Section 482 Cr.P.C.
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