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SUSMITA PHUKAN KHAUND
Swati Bidhan Baruah D/o Supti Ranjan Baruah – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
SUSMITA PHUKAN KHAUND, J.
Heard learned Senior Counsel Ms. N. Modi for the petitioner Swati Bidhan Baruah.
2. The petitioner has filed this application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC for short) with prayer for quashing the FIR, Complaint, Charge Sheet & Criminal Proceeding pending in the Court of Chief Judicial Magistrate, Kamrup (M) (the CJM for short) against the petitioner, registered as GR Case No. 3354/2013 arising out of CID Police Station Case No. 21/2013 registered under Sections 385/506 of the Indian Penal Code, 1860 (the IPC for short) read with Section 66 A of the Information Technology Act, 2000 (IT Act for short) and later Sections 406/419/420 IPC were also added. It is submitted that charges have been framed against the petitioner and this case is pending at the stage of evidence. Charge under Sections 385/406/420/506 IPC has been framed against the petitioner vide order dated 15.07.2016 passed by the learned CJM, Kamrup (M).
3. It is submitted that charges have erroneously been framed and thereafter, the complainant failed to appear before the learned trial Court. Not a single witness has appeared before the learned trial Court
The Court established that proceedings can be quashed under Section 482 of the CrPC when allegations do not constitute a prima facie case and continuing would abuse the Court process.
FIR not quashable where allegations of blocking judicial officer's residence and demanding bail prima facie show criminal trespass intent to intimidate; no mini-trial, accept FIR as true, especially ....
The limited scope of inquiry at the stage of framing charges and the prima facie nature of the offences were central legal principles established in the judgment.
The court emphasized that the power under Section 482 Cr.P.C. should be sparingly exercised and that the court should not interfere with the investigation unless no cognizable offence is disclosed. I....
The existence of a civil dispute does not automatically warrant quashing of criminal proceedings if cognizable offences are alleged.
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