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IN THE HIGH COURT AT CALCUTTA
UDAY KUMAR
Arup Raha – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. application for quashing of criminal proceedings. (Para 1 , 2) |
| 2. details of vehicle ownership and allegations against the petitioner. (Para 3 , 6 , 8) |
| 3. potential mala fide intention behind the allegations. (Para 12 , 17) |
| 4. final ruling on quashing proceedings due to abuse of process. (Para 19) |
JUDGMENT :
UDAY KUMAR, J.
1. The present revisional application, has been preferred by the petitioner under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 , (akin to Section 482 of the Code of Criminal Procedure, 1973) seeks quashing of the entire criminal proceedings of General Register Case No. 627 of 2024, originated from Alipurduar Police Station Case No. 135 of 2024, dated April 3, 2024, under Sections 406, 420, and 506 of the Indian Penal Code, 1860, and is currently pending before the learned Chief Judicial Magistrate, Alipurduar.
2. The essence of the Petitioner's contention is that the criminal proceedings initiated against him are patently false, fabricated, and constitutes a flagrant abuse of the process of law, thereby occasioning a gross miscarriage of justice. It is asserted that the criminal complaint is a malicious attempt to lend a criminal colou
Criminal proceedings initiated primarily to convert a civil dispute into a criminal prosecution constitute an abuse of process of law.
(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....
Criminal proceedings cannot be quashed solely due to the existence of civil remedies; prima facie evidence of criminal offenses warrants trial.
A breach of contract does not automatically constitute a criminal offense; the absence of dishonest intent at the transaction's inception is crucial.
Civil disputes should not be criminalized; lack of fraudulent intent and delay in filing complaint vitiate criminal proceedings.
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