IN THE HIGH COURT AT CALCUTTA
JAY SENGUPTA
Suvendu Adhikari – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Jay Sengupta, J.
1. The two writ petitions being WPA 11803 of 2021 and WPA 25522 of 2022 and the Criminal Revisional Application being CRR 2703 of 2022, after assignment, were taken up together as connected matters. In all these applications, it is the prime contention of the petitioner, the Leader of the Opposition in the State that he has been falsely implicated in all these cases as he had shifted his allegiance from the ruling party in the State to the party in opposition.
1.1. While WPA 11803 of 2021 was filed challenging four distinct criminal proceedings either praying for quashing or seeking transfer of investigation to the CBI, similar prayers were made in WPA 25522 of 2022 in respect of eleven distinct criminal proceedings. On the other hand, the revisional application being CRR 2703 of 2022 was filed challenging a single criminal proceeding. After certain orders had been passed, the matters were assigned to this Court for hearing.
1.2. In WPA 11803 of 2021, the following four criminal proceeding were challenged namely, i) Manicktala Police Station Case No. 28/2021, dated 27.02.2021, ii) Nandigram Police Station Case No. 110/2021, dated 18.03.2021, iii) Tamluk Poli
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Malicious prosecution claims must show prima facie cases are unfounded; mere political allegations do not suffice to quash FIRs without substantive evidence.
Prosecution of the petitioners was found to be malicious, lacking evidentiary basis for allegations of abduction and threats, leading to the quashing of FIRs under Section 482 CrPC.
The court ruled that an FIR cannot be quashed based on allegations of mala fides if it discloses cognizable offences, emphasizing the necessity of a trial to assess the truth of the allegations.
The court emphasized the necessity of adequate evidence linking the accused to the alleged crimes, dismissing the revisional application while allowing conditional anticipatory bail due to apparent m....
Writ petition for transfer of investigation and quashing of FIRs dismissed as registration is mandated by law; prior protection does not prevent new FIRs.
The court upheld the FIR against the petitioner, ruling that sufficient allegations existed to constitute cognizable offences, and the truth of these allegations could not be evaluated at the quashin....
The accused has no right to dictate the investigating agency or method of investigation, and the plea of alibi must be substantiated with cogent evidence.
Inherent powers under Section 482 Cr.P.C. should be applied cautiously, primarily to prevent abuse of process, and FIRs should not be quashed prematurely when allegations disclose a cognizable offenc....
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