Back
IN THE HIGH COURT AT CALCUTTA
CHAITALI CHATTERJEE DAS
Ranadeb Roy Chowdhury – Appellant
Versus
State Of West Bengal – Respondent
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 2nd 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 court quashed the FIR for lacking material evidence against the petitioner, emphasizing that criminal proceedings cannot continue without sufficient allegations.
Judicial proceedings that are manifestly absurd or founded on ulterior motives can be quashed to prevent misuse of the legal process.
The court established that criminal proceedings cannot be maintained if they are manifestly mala fide and lack sufficient evidence, emphasizing the importance of procedural compliance.
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
