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MITALI THAKURIA
Arijit Dasgupta, S/o. Lt. Ashish Bhushan Dasgupta – Appellant
Versus
State of Assam, Rep. by the PP, Govt. of Assam – Respondent
JUDGMENT :
Mitali Thakuria, J.
Heard Ms. R. Choudhury, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor for the State respondent No. 1 and Mr. M.A. Choudhury, learned counsel for the respondent No.2.
2. This is an application filed under Section 482 of the Code of Criminal Procedure, 1973, praying for quashing of the Charge-sheet, vide C.S. No.261/2023 dated 30.06.2023 under Sections 120(B)/420/468/471 of IPC, arising out of Karimganj P.S. Case No. 185/2022 corresponding to G.R. Case No. 579/2022.
3. The brief facts of the case are as follows:
3.1. In late September 2020, Ashim Kumar Dey, along with Raju Ghosh and Purnendu Kumar Saha, came to the petitioner’s chamber with a rough draft of an agreement for the sale of a plot of land. They requested the petitioner to make any necessary corrections. As an advocate, the petitioner made the required corrections, and the agreement for sale was registered on the same day. After the execution of the agreement, differences arose between Raju Ghosh (the buyer) and Purnendu Kumar Saha (the seller), leading Raju Ghosh to file a Title Suit (T.S. No. 21/2021) before the Court of the learned Munsiff
The court affirmed that a charge-sheet can only be quashed if there is no prima facie case against the accused, emphasizing the need for sufficient evidence to proceed.
Point of Law : Power conferred under Section 482 of the Code to quash criminal proceedings for non-compoundable offences under Section 320 of Code can be exercised having overwhelmingly and predomina....
An advocate is not criminally liable for identifying clients based solely on presented documents unless underlying deceit is apparent.
The main legal point established in the judgment is that lack of prima facie evidence and mala-fide intention in a civil dispute can lead to the quashing of criminal proceedings.
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....
The power to quash criminal proceedings should be exercised sparingly and with circumspection, and the Court cannot conduct a mini-trial while exercising jurisdiction under Section 482 of Cr.P.C. Add....
To attract the offence of forgery, the accused must be the maker of the forged document. The court also emphasized the importance of providing due opportunity to address arguments and the limitations....
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