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IN THE HIGH COURT AT CALCUTTA
Ajoy Kumar Mukherjee
Bhaskar Ghosh – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Ajoy Kumar Mukherjee, J.
1. The petitioners herein filed the instant application praying for quashing of proceeding being GR Case no. 727 of 2014 arising out of New Market Police Case no. 108 of 2014 under sections 424/406/423/409/417/420/466/471/170B of the Indian Penal Code which is presently pending before learned Chief Judicial Magistrate Court, Calcutta.
2. The complainant case in brief is that complainants company had purchased 3 cottah 8 chitakh in premises no. 25 B Belvedere Road, Kol-27 on 06.03.2012 and they also purchased 1 cottah 17 chittakh and 17 sq.ft. and 2 cottah 10 chittakh 33 Sq.ft. in premise no. 25A Belvedere Road on 12.02.2012. When the complainant made an application to Kolkata Municipal Corporation (in short KMC) for issuance of pending bills in respect of Assessee no. 11-074-08-0027-9 for mutation, he was informed that the premises no. 25A Belvedere Road having aforesaid Assessee number has been cancelled and the same has been converted to 33B Biplabi Kanai Lal Bhattacharjee Sarani. Having doubted with the activity of the KMC, the petitioner filed several RTI applications and he was supplied few documents including the order sheet passed by the peti
Civil property disputes should not be misconstrued as criminal offences, and sufficient grounds for further investigation must be established based on credible evidence.
The court ruled that ongoing civil litigation does not preclude criminal prosecutions where sufficient evidence indicates dishonest intent constituting an offence under Section 420 IPC.
Parties invoking extraordinary jurisdiction must disclose all relevant facts; suppression of material facts constitutes an abuse of process and may lead to dismissal of the petition.
The validity of documents, probative value, and admissibility of documents cannot be examined at the stage of framing charges and can be addressed during trial. The defense taken by the accused canno....
The power under Section 482 of Cr.P.C. should be used sparingly and with abundant caution, and criminal proceedings should not be used to settle purely civil disputes.
The court affirmed the trial Judge's decision to return original sale deed documents to purported bona fide purchasers, ruling the de-facto complainant lacked established title over the property.
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