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IN THE HIGH COURT AT CALCUTTA
AJOY KUMAR MUKHERJEE
Rajesh Kshetry – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 1 , 2 , 3 , 4) |
| 2. arguments against the legality of the proceedings (Para 5 , 6 , 7 , 8) |
| 3. court's analysis of the legal issues presented (Para 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. failure to satisfy legal requirements for proceeding (Para 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 5. conclusion and order for quashing proceedings (Para 23 , 24) |
JUDGMENT :
AJOY KUMAR MUKHERJEE, J.
1. Petitioner herein has prayed for quashing of proceeding being N.G.R case no. 8848 of 2018 presently pending before learned Chief Judicial Magistrate, Tamluk, arising out of Kolaghat Police Station NCR Case No. 185 of 2018 under section 186 of the Indian Penal Code ( IPC ).
2. On 25th March, 2018 an accident occurred due to collusion between the vehicle of the petitioner and a truck. One Rabi Sankar Das, a member of National Volunteer Force (NVF) who was on duty at that place was allegedly requested by the petitioner to interfere and to take action against the truck driver but said Rabi Sankar allegedly abused the petitioner and also allegedly assaulted him.
3. The petitioner thereafter lodged a written complaint against said Rabi Sankar under section 341/323 IPC bei
Cognizance under Section 186 IPC cannot be taken in absence of a complaint by the appropriate public servant, and police reports for non-cognizable offenses must follow required legal procedures.
(1) Investigation of non-cognizable cases – Even if police receives any such complaint relating to non-cognizable offence, police cannot start investigation without there being a green signal from Ma....
Disobedience to order duly promulgated by public servant – Magistrate cannot take cognizance of offence punishable under Section 188 IPC upon police report, though offence under Section 188 IPC is co....
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