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IN THE HIGH COURT AT CALCUTTA
CHAITALI CHATTERJEE DAS
Prabir Mukhopadhyay @ Prabir Mukherjee – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT :
CHAITALI CHATTERJEE DAS, J.
1. The petition has been filed for quashing of the charge-sheet being charge sheet no. 182 of 2020 dated September 30 2020, Section 448/354/509/506 of the Indian Penal Code, 1860.
2. The allegations levelled against the petitioners are that on November 8, 2016 in the afternoon, the petitioner along with three other officials of WBFC entered forcefully into her residence and started abusing and threatening her stating that her husband has committed fraud and is a cheat. She was further pushed by them and they spoke in such a loud and aggressive manner that complainant’s minor daughter became sick. The officer did not examine the relevant witnesses and examinde only one Subhamoy Banerjee who is a business associate of the husband of the complainant. The Investigating Officer has ignored the vital aspect that it is an attempt to install the loan recovery proceeding by the complainant’s husband and filed the charge-sheet in mechanical manner after 4 years from the date of complaint. Hence filed this revision application.
3. The learned Senior Advocate appearing on behalf of the petitioner would submit that the petitioner is a senior citizen being a re
Judicial proceedings that are manifestly absurd or founded on ulterior motives can be quashed to prevent misuse of the legal process.
The power to quash a criminal proceeding should be exercised sparingly and with circumspection, and the decision to exercise the inherent powers under Section 482 of the Cr.P.C. would be predicated o....
Unexplained delay in initiating disciplinary proceedings and vague charges can lead to quashing of the charge sheet, as it would be unfair and cause prejudice to the accused.
The court's decision to exercise the inherent powers under Section 482 of the Cr.P.C. is predicated on the facts of each case, and the court cannot weigh the material to determine the truth in the co....
A petition for quashing criminal proceedings can be dismissed even if one accused has died, as long as there is no legal bar to continuing against the living accused and factual disputes should not b....
The High Court cannot quash an FIR unless the allegations do not constitute an offence; the judiciary must respect the trial process and not supplant it with its judgment on the merits of the case.
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