AI Overview...
- No Material to Make Out Complicity - Main points and insights:
- Multiple cases consistently hold that allegations against petitioners lack substance and supporting material to establish their complicity in a cognizable offence (e.g., Mohan Dhara VS State of West Bengal - Calcutta, Prithvish Roy VS State of West Bengal - Calcutta, Deepak Chatterjee @ Dipak Chatterjee VS State of West Bengal - Crimes, Malay Saha VS State of West Bengal - Calcutta, Abhijit Palit VS State of West Bengal - Calcutta, Hazari Ram Gond VS State of West Bengal - Calcutta, Sabita Dutta VS tate of West Bengal - Calcutta, Kalipada Sardar VS State of West Bengal - Calcutta).
- Courts have emphasized that in the absence of prima facie evidence or sufficient material, proceedings should be quashed to prevent unwarranted harassment and misuse of legal process (Mohan Dhara VS State of West Bengal - Calcutta, Prithvish Roy VS State of West Bengal - Calcutta, Deepak Chatterjee @ Dipak Chatterjee VS State of West Bengal - Crimes, Malay Saha VS State of West Bengal - Calcutta, Abhijit Palit VS State of West Bengal - Calcutta, Hazari Ram Gond VS State of West Bengal - Calcutta, Sabita Dutta VS tate of West Bengal - Calcutta, Kalipada Sardar VS State of West Bengal - Calcutta).
- In contrast, some cases (e.g., Uttam Kumar Bose VS State Of West Bengal - Calcutta) found sufficient material to proceed when the charge sheet and evidence supported a prima facie case.
- Allegations of general or omnibus nature, especially under Section 498A IPC, without concrete evidence, are liable to be dismissed (Malay Saha VS State of West Bengal - Calcutta, Sabita Dutta VS tate of West Bengal - Calcutta).
- Analysis and Conclusion:
- Courts generally require clear, substantive evidence to prima facie establish the complicity of accused in a cognizable offence.
- When allegations are vague, unsupported by material, or lack substance, courts tend to quash proceedings to uphold principles of justice and prevent abuse of process.
- The presence or absence of prima facie evidence is crucial in deciding whether to proceed with trial or to dismiss the case at the initial stage.
Search Results for "No Material to Make out Complicity in Cognizable Offence"
2023 0 Supreme(Cal) 1106 • India - Calcutta
SHAMPA DUTT (PAUL)
TO PRIMA FACIE MAKE OUT COMPLICITY OF ACCUSED IN COGNIZABLE OFFENCE - HELD, NO SUBSTANCE IN ALLEGATIONS AND NO MATERIAL EXISTS TO ... PRIMA FACIE MAKE OUT THE COMPLICITY OF THE PETITIONERS IN A COGNIZABLE OFFENCE, AS SUCH THE PROCEEDINGS IN THIS CASE SHOULD BE QUASHED ... Salman Salim Khan, to hold that the allegations against the petitioners were not supported by any material and that there was no ... In the Prese....
2023 0 Supreme(Cal) 632 • India - Calcutta
SHAMPA DUTT (PAUL)
prima facie make complicity of applicant in a cognizable offence proceedings in this case should be quashed – Revision allowed. ... out a case of cognizable offence as alleged against accused petitioner no materials for proceeding against accused petitioner towards ... trial fit case where inherent power of court should be exercised – Case there is no substance allegations no material exists to ... In the Present case there is no substance in the all....
• India - Crimes
SHAMPA DUTT (PAUL)
is not present in present case – Materials in case diary and charge-sheet, do not prima facie make out a case of cognizable offence ... against accused/petitioners as alleged – There is no substance in allegations and no material exists to prima facie make out complicity ... of petitioners in a cognizable offence – Criminal proceedings quashed. ... In the Present case there is no substance in the allegations and no materia....
2023 0 Supreme(Cal) 183 • India - Calcutta
SHAMPA DUTT (PAUL)
against petitioner in no way constitutes cruelty as defined/laid down Section 498A IPC - Ingredients required to constitute said offence ... allegations made against in-laws Appellants are in nature of general omnibus allegations and liable to be quashed - Held, From materials ... In the Present case there is no substance in the allegations and no material exists to prima facie make out the complicity of the petitioners in a cognizable offence and as such the proceedi....
2023 0 Supreme(Cal) 668 • India - Calcutta
SHAMPA DUTT (PAUL)
exists to prima facie make out complicity of petitioners in a cognizable offence, as alleged, and as such proceedings in case should ... support thereof, form base to take or refuse to take cognizance by competent court - There is no substance in allegations and no material ... offences as alleged against accuseds/petitioners and there is no materials for proceeding against accuseds/petitioners towards trial ... In the Present case there is no substance in the allegat....
2023 0 Supreme(Cal) 1097 • India - Calcutta
SHAMPA DUTT (PAUL)
existed to prima facie make out the complicity of the petitioners in the commission of a cognizable offence. ... commission of a cognizable offence. ... There was no substance in the allegations and no material existed to prima facie make out the complicity of the petitioners in the ... In the Present case there is no substance in the allegations and no material exists to prima facie make out the ....
2023 0 Supreme(Cal) 1140 • India - Calcutta
SHAMPA DUTT (PAUL)
prima facie make out the complicity of the applicants in a cognizable offence, as such the proceedings in this case should be quashed ... make out a case of cognizable offence against the accuseds/petitioners and there is no materials for proceeding against the accuseds ... Ratio Decidendi: The Court held that in the present case there is no substance in the allegations and no material exists to ... In the Present case there is no ....
2023 0 Supreme(Cal) 82 • India - Calcutta
SHAMPA DUTT PAUL
The court held that the charge sheet and the evidence placed in support thereof formed a clear prima facie case of a cognizable offence ... against the husband and that there was sufficient material for proceeding against him towards trial. ... Whether the charge sheet and evidence therein formed a sufficient basis for taking cognizance of the offence? ... In the Present case there is substance in the allegations and material exists to prima facie make out the complicity#HL_E....
2023 0 Supreme(Cal) 163 • India - Calcutta
SHAMPA DUTT (PAUL)
sheet there in do not prima facie make out a case of cognizable offence as alleged against the accused/petitioner and there is no ... Section 498A IPC - Ingredients required to constitute offence of criminal breach of trust Section 406 IPC not present - Finally ... allegations and therefore liable to be quashed - Held, cruelty as alleged do not constitute ingredients required to constitute offence ... In the Present case there is no substance in the allegations and no material exists t....
2023 0 Supreme(Cal) 977 • India - Calcutta
SHAMPA DUTT (PAUL)
to prima facie make out the complicity of the petitioners in a cognizable offense. ... make out a case of a cognizable offense against the petitioners and that there was no material for proceeding against them towards ... Whether the allegations against the petitioners constituted a cognizable offense under Section 498A of the Indian Penal Code? ... In the Present cases there is no substance in the allegations and ....
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