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IN THE HIGH COURT AT CALCUTTA
UDAY KUMAR
Bhabatosh Ghosh – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. introduction of revisional applications and their context. (Para 1 , 2 , 3) |
| 2. factual background and escalation of land dispute leading to criminal complaints. (Para 4 , 5 , 6 , 7) |
| 3. arguments for the petitioners regarding the retaliatory nature of complaints. (Para 8 , 9 , 10 , 11 , 12) |
| 4. arguments from the respondents opposing the quashing of criminal proceedings. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 5. court’s analysis of legal principles and application to the case facts. (Para 22 , 23 , 24 , 25 , 26) |
| 6. final conclusions and orders issued by the court. (Para 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37) |
JUDGMENT :
Uday Kumar, J.
1. This common judgment shall dispose of two revisional applications, CRR No. 1493 of 2024 and CRR No. 1494 of 2024, filed by the same petitioners, Bhabatosh Ghosh, Avijit Ghosh, and Biswajit Ghosh. Both applications invoke the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973, along with its revisional powers, to seek the quashing of two separate criminal proceedings.
2. The first criminal revision application, CRR No. 1493 of 2024, pertains to G.R. Case No. 1988 of 2023, which
Civil disputes do not exempt individuals from prosecution for criminal offenses; allegations of assault and intimidation must be assessed through the criminal justice system without prior dismissal.
The court can quash FIRs that constitute an abuse of process, evident where charges arise from retaliatory motives linked to prior legal conflicts.
(1) Exercise of inherent jurisdiction – Appreciation of contradictions or inconsistencies in witness statements lies within exclusive domain of trial Court and not in proceedings under Section 482 Cr....
A valid marriage is a prerequisite for Section 498A charges; serious allegations like rape warrant trial for thorough examination.
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