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AJOY KUMAR MUKHERJEE
Dibakar Bhaumik – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. fir lodged against petitioner (Para 1) |
| 2. petitioner's contention on fir (Para 2) |
| 3. no sanction under section 197 (Para 3) |
| 4. vague allegations in charge-sheet (Para 4 , 5 , 6) |
| 5. audit findings (Para 7 , 8) |
| 6. guidelines for quashing (Para 9) |
| 7. specific allegations in fir (Para 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 8. court's decision on quashing (Para 17) |
| 9. crr dismissed (Para 18) |
JUDGMENT :
1. The petitioner herein has come up for quashing of the proceeding being Amta P.S. Case no. 77 of 2011 dated 3rd March, 2011 corresponding to G.R. Case no. 505 of 2011, presently pending before the Court of Judicial magistrate Amta Howrah. Opposite party no.2 herein Sri Pranab Chakraborty being erstwhile secretary of Balichak High School lodged a written complaint on 03.03.2021 alleging that the petitioner being the Headmaster of the school, in collusion with other accused persons has misappropriated government money of about 11 lakhs. On the basis of said complaint aforesaid proceeding was initiated and after completion of investigation police has submitted charge sheet against four accused persons, including the present petitioner.
3. Petitioner’s further contention is that no sanct
The court held that specific allegations in the FIR warranted a trial, as they disclosed a cognizable offence, and the delay in filing the FIR did not negate the prosecution's case.
The main legal point established in the judgment is that the allegations in the FIR must prima facie constitute an offence or make out a case against the accused. The court emphasized the need for ev....
While considering a petition under Section 482 Cr.P.C., it has only to be ascertained whether a prima facie case exists against petitioners.
The court emphasized that the power to quash a criminal proceeding should be exercised sparingly and with circumspection, and only in the rarest of rare cases, and that the court will not be justifie....
Criminal process cannot be utilized for any oblique purpose – Court should quash those criminal cases where chances of an ultimate conviction are bleak and no useful purpose is likely to be served by....
The main legal point established in the judgment is the court's authority to quash criminal proceedings under Section 482 of the Cr.P.C. based on an amicable settlement between the parties and the ab....
The court ruled that the petitioner failed to establish a prima facie case for quashing the FIR, emphasizing the need for ongoing investigation into serious allegations of misappropriation.
The court established that serious allegations of criminal breach of trust and conspiracy justify proceeding to trial, and that prior sanction for prosecution is not required for a retired public ser....
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