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IN THE HIGH COURT AT CALCUTTA
AJAY KUMAR GUPTA
Mukul Chatterjee – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Ajay Kumar Gupta, J.
1. Petitioners being the accused persons filed this instant Criminal Revisional application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (in short ‘BNSS’) corresponding to Section 482 of the Code of Criminal Procedure, 1973 (in short ‘CrPC’) seeking quashing of Charge Sheet being No. 167 of 2024 dated 30.07.2024 under Sections 420/468/469/471/34/120B of the Indian Penal Code, 1860 (in short ‘IPC’) filed in connection with proceeding being G.R. Case No. 494 of 2024 arising out of FIR being Bishnupur Police Station Case No. 111 of 2024 dated 06.04.2024 pending before the Learned Additional Chief Judicial Magistrate at Bishnupur, District –Bankura and all orders passed therein.
FACTS OF THE CASE:
2. The brief facts, leading to the filing of this Criminal Revisional application, are as follows: -
a. On 06.04.2024 at about 6:35 pm, one Debabrata Ghosh being the opposite party no. 2 herein, lodged a written complaint with the Bishnupur Police Station to the effect that ALL THAT piece and parcel of Danga land measuring about 0.0825 acres comprising R.S. Plot No. 14104 (L.R. Plot No. 7908), R.S. Khatian No. 1647, Mouza – Bishnupur Municipalit
The court ruled that ongoing civil litigation does not preclude criminal prosecutions where sufficient evidence indicates dishonest intent constituting an offence under Section 420 IPC.
The validity of documents, probative value, and admissibility of documents cannot be examined at the stage of framing charges and can be addressed during trial. The defense taken by the accused canno....
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