IN THE HIGH COURT AT CALCUTTA
CHAITALI CHATTERJEE DAS
Jaydeep Majumdar – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
CHAITALI CHATTERJEE DAS, J.
1. This is an application under Section 482 of Cr.PC filed by the petitioner for quashing of the proceeding pending before the learned ACJM Alipore.
Brief resume of the case
2. The petitioners are the reputed doctors by profession .Petitioner no 2 lodged the complaint against the de-facto complainant on 14.5.2021, pursuant to which the de-facto complainant was arrested and subsequently enlarged on bail. The de-facto complainant was a domestic help and on May 14,2021 she found the chain of her bag is open and her Aadhar card, mobile, two ATM card, Debit card ,one set of key of two Almirahs and cash of Rs. 5,000/- was stolen from her bag .The petitioner no. 2 checked her bag in the last afternoon when all the items were in the bag at her room and after that she did not go outside of her house . The Opposite Party no. 2 used to work as maid-cum-aaya and stays at her house about 10 hrs. and the petitioner no.2 strongly believed that the Opposite Party no. 2 has stolen the items. On the basis of the complaint lodged by her Garfa P.S case no. 102 of 2021 dated 14.5.2021 started under Section 381 of the Indian Penal Code.
After 20 days from the date of r
Judicial proceedings that are manifestly absurd or founded on ulterior motives can be quashed to prevent misuse of the legal process.
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The main legal point established is the power of the High Court to quash criminal proceedings under Section 482 of the CrPC if they are manifestly frivolous or vexatious, and if instituted with an ul....
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....
The court's decision to exercise the inherent powers under Section 482 of the Cr.P.C. is predicated on the facts of each case, and the court cannot weigh the material to determine the truth in the co....
The High Court cannot quash an FIR unless the allegations do not constitute an offence; the judiciary must respect the trial process and not supplant it with its judgment on the merits of the case.
The court emphasized the importance of evaluating the credibility of allegations and exercising inherent powers to prevent abuse of the legal process.
Point of Law : Powers possessed by the High Court under Section 482 of the Code are very wide and the very plenitude of the power requires great caution in its exercise. Court must be careful to see ....
Direction for Police investigation – Order of Magistrate should reflect that he has applied his mind to facts of case and law applicable to and it has to examine nature of allegations made in complai....
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