IN THE HIGH COURT AT CALCUTTA
CHAITALI CHATTERJEE DAS
Joytirmoy Rai Chowdhury @ Joytirmoy 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 C. Case no. 342 of 2021, pending before the court of learned 2nd Judicial Magistrate, Basirhat, 24 Parganas under Section 447/384/323/325/379/427/504/506/34 of the Indian Penal Code lodged by the Opposite Party no. 2 on 23.7.2019.
Brief fact of the case
2. The fact of the case in brief is that the opposite party no 2 lodged 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 the date of incident on 25.7.2021 when he came out from his house riding a Bike and was to reach at S.N Mukherjee Road the petitioner and 7/8 person with a previous grudge suddenly attacked him ,demanded share of the house sold by him and abused him with filthy languages and on raising protest he was assaulted by the peti
Judicial proceedings that are manifestly absurd or founded on ulterior motives can be quashed to prevent misuse of the legal process.
The court quashed the FIR for lacking material evidence against the petitioner, emphasizing that criminal proceedings cannot continue without sufficient allegations.
Direction for Police investigation – Order of Magistrate should reflect that he has applied his mind to facts of case and law applicable to and it has to examine nature of allegations made in complai....
The judgment establishes that complaints involving civil disputes should not be converted into criminal proceedings, and emphasizes the mandatory inquiry under Section 202 Cr.P.C. when the accused is....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.