IN THE HIGH COURT AT CALCUTTA
AJAY KUMAR GUPTA
Amartya Sinha – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Ajay Kumar Gupta, J:
1. All the three Criminal Revisional applications are taken up together for the sake of convenience and for passing a common Judgment, as the disputes cropped up due to property related issue between the two families of next-door neighbours.
2. CRR No. 2136 of 2022 has been filed under Section 482 of the Code of Criminal Procedure, 1973 by the petitioners, namely, Pankaj Kumar Das, Pradyumna Das and Subrata Mondal seeking quashing of the Complaint Case being AC 1845 of 2021 initiated under Section 200 of the Code of Criminal Procedure, 1973 pending before the Learned Judicial Magistrate, 9th Court, Alipore, South 24 Parganas and the impugned order dated 26.11.2021 thereby the Learned Magistrate took cognizance and issued process against the present petitioners.
3. The aforesaid complaint was filed by the opposite party no. 2 – Hiran Kumar Sinha under Section 200 of the CrPC before the Learned Additional Chief Judicial Magistrate on 09.09.2021 against the present petitioners alleging, inter alia, as under: -
“The complainant is the owner of landed property measuring about 2 cottahs 10 chittacks 16 sq ft by a registered deed dated 03.03.2000. Thereafter, th
Civil property disputes should not be misconstrued as criminal offences, and sufficient grounds for further investigation must be established based on credible evidence.
Public servants cannot be criminally charged for actions performed in official capacity unless evidence of mens rea is established.
The main legal point established in the judgment is that criminal proceedings should not be used as a shortcut for civil remedies, and the court has the power to quash proceedings if the allegations ....
Offence of Forgery – Quash of order - Court not find any criminal act having been committed during entire process. Only person who could have been aggrieved was seller, who’s statement was recorded b....
The court established that inherent powers under Section 482 Cr.P.C. should be exercised cautiously to prevent abuse of legal processes, especially in light of evidence revealing malicious prosecutio....
Allowing criminal proceedings to continue, without there being any criminal element, is not permissible and it amounts to abuse of process of law.
Criminal proceedings cannot be initiated without prima facie evidence of an offence; retaliatory and frivolous complaints abuse judicial process.
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