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IN THE HIGH COURT AT CALCUTTA
CHAITALI CHATTERJEE DAS
Hardama @ Subhrangshu Bera – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
CHAITALI CHATTERJEE DAS, J.
1. The application has been filed under Section 401 and Section 482 of the Code of Criminal Procedure for quashing of the F.I.R no. 344 of 2021, pending before the Court of learned Judicial Magistrate, Dantan West Midnapur. The complainant is an advocate of Calcutta High Court and he lodged the complaint on 23rd November, 2021 at around 3:20 PM. When he was leaving his chamber, he found one Palash Bera, Alias Bhola and the petitioner looking at the Opposite Party no. 2 ridiculed him and on asking Palash started abusing him with the filthy languages. The Opposite Party no.2, tried to take the petitioner and said Palash to his chamber for having a discussion, but Palash resisted and called his parents who came and started threatening the Opposite Party no.2 with dire consequences and instigated to kill the Opposite Party no. 2 who attempted to hit him by first targeting the left side head near the left ear lobe of the OP no.2, but the same could not happen due to timely intervention of the brother-in-law of the OP no. 2 and then Ramesh threatened to kill the Opposite Party no. 2 within 24 hours. The Opposite Party no. 2 on the basis of this fact l
The court quashed the FIR for lacking material evidence against the petitioner, emphasizing that criminal proceedings cannot continue without sufficient allegations.
Judicial proceedings that are manifestly absurd or founded on ulterior motives can be quashed to prevent misuse of the legal process.
The defense material must render the allegations redundant for the proceedings to be quashed, and a thorough trial is needed to establish the veracity of the allegations.
The court held that an FIR alleging cognizable offences cannot be quashed merely based on claims of disability or false implication; the truth of allegations is to be assessed at trial.
The main legal point established in the judgment is the court's power to quash proceedings under Section 482 of the CrPC to prevent abuse of the process of law and to secure the ends of justice.
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