Criminal proceedings are liable to be quashed if they are initiated after an unexplained, significant delay, lack specific evidence of individual criminal participation, and appear to be a retaliatory measure for existing civil or criminal litigation, thereby constituting an abuse of the judicial process.

JUDGMENT :

CHAITALI CHATTERJEE DAS, J.

1. This Revisional Application has been filed for quashing of the entire proceeding being case no. 343 of 2021, pending before the court of Learned 2^nd Judicial Magistrate, Basirhat, 24 Parganas under Section 448/323/354/379/504/506/34 of the Indian Penal Code. The Revisional Application is filed against an order dated 21.11.2022 and all subsequent orders passed in the complaint case.

Brief Fact of the case

2. The fact of the case in brief is that the opposite party no 2 filed a complaint under Section 200 of the Code of Criminal Procedure before the learned Additional Chief Judicial Magistrate, Basirhat, North 24, Parganas, alleging inter alia that in the year 2019, he received a power of attorney from the present petitioner and his two brothers which was registered on 23.7.2019 before the ADSR, Basirhat. The petitioner and his two brothers allegedly received Rs. 3 lakhs and issued receipt. On 23.7.2019 at about 4.30 p.m. the petitioner along with 5/6 others came to his house and started abusing them with filthy languages. On being protest, the petitioner and his associates assaulted him with fist and blows and asked for money for his land. When the complainant’s wife tried to resist her, her modesty was outraged and an amount of Rs. 1280 was snatched away from his pocket. It was further alleged that while leaving, they also threatened them with dire consequences.

It is the case of the petitioner that he lodged a criminal complaint before the officer in charge, Bashirhat Police Station on 23.7.2021 against the present opposite party No.2 with an allegation that on 23.7.2019, he along with his brothers executed one Development power of attorney with Opposite Party no. 2 for 37.5 decimal of land. It was agreed that the said land would be utilised only for the development and for agricultural purpose but 66 satak of land was fraudulently sold to another person in lieu of Rs.40 lakhs.

3. On receipt of such complaint, Bashirhat Police Station case no. 505/2021 dated 23.7.21, under Section 468/471/420/406 of the Indian Penal Code started. The Opposite Party no. 2 was arrested in connection with the above case on 27.08.21 and released on ad-interim bail on 2.9.2021. A civil suit was also filed by the petitioner and his two brothers after lodging such FIR and the said suit is now pending before the Civil Judge, Senior Division, Basirhat, North 24 Parganas, where an interim injunction order has been passed on 20.5.2022 in their favour.

4. After such complaint was filed by the opposite party no.2 on 18.9.2021, the cognizance of the offence was taken on that day and it was transferred to the Court of learned Judicial Magistrate, 2nd court, Bashirhat, North 24 Parganas for disposal. After that, the said case was adjourned from time to time and on 21.11.2022, the Opposite Party no. 2 was examined under Section 200 and process was issued fixing the returnable date on 2.2.2023. Hence this Revisional application is filed.

Submissions

5. It is submitted by the learned advocate that the instant case has been filed out of vengeance and is a counterblast to the civil suit as well as the criminal case lodged by the petitioner for which the Opposite Party no. 2 had to undergo imprisonment for considerable period. It is also submitted that the allegations levelled against the petitioner under Section 448/323/354/379/504/506/34 of the Indian Penal Code are false and vexatious and on the face of it are so improbable that it does not attract any of the sections. It is further contended that the fraud