Back
IN THE HIGH COURT AT CALCUTTA
Ajoy Kumar Mukherjee
Bhaskar Ghosh – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. quashing of proceedings based on factual background. (Para 1 , 2 , 3) |
| 2. petitioners' purchase and mutation rights. (Para 4 , 5 , 6) |
| 3. arguments on lack of criminal offences. (Para 8 , 9) |
| 4. allegations against petitioners analyzed. (Para 10 , 11 , 12) |
| 5. consideration of evidence and public servant protections. (Para 13 , 14 , 15) |
| 6. abuse of process and lack of cognizable offences. (Para 16 , 17) |
| 7. final decision on quashing proceedings. (Para 18 , 19) |
| 8. order to quash the impugned proceeding. (Para 20 , 21) |
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
Public servants cannot be criminally charged for actions performed in official capacity unless evidence of mens rea is established.
Civil property disputes should not be misconstrued as criminal offences, and sufficient grounds for further investigation must be established based on credible evidence.
Criminal proceedings quashed under S.482 Cr.P.C. when civil land partition/ownership dispute falsely portrayed as trespass, mischief, cheating; unrecorded family agreement ineffective against revenue....
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
