Dipa Saha v. State
Case brief
What is this about?
Single judge allowed revisional application to quash criminal proceedings for theft in a complaint case. Court held taking cognizance without proper investigation resulted in abuse of process of law and proceedings were quashed under Article 227.
What did the court decide?
Proceeding being case No. 388C of 2005 under Section 379/448 IPC pending before Judicial Magistrate 6th Court at Bankura is quashed.
What the court decided
13.03.2024 63 cm
CRR 3695 of 2005
In the matter of : Dipa Saha & Anr.
…. petitioners.
Mr. Soumik Ganguli Mr. Supriyo Shasmal
…. for the petitioners Mr. Pratick Bose
… for the State
The instant revisional application was filed for quashing of the proceeding being case No. 388C of 2005 pending before the learned Judicial Magistrate, 6th Court at Bankura under Section 379/448 of the Indian Penal Code.
Perused the contention of the petitioners in the petition as well as the complaint filed by the opposite party No.2. It further appears that vide order No.1 dated 07.10.2005 the learned trial court had rejected the prayer under Section 156(3) of the Code of Criminal Procedure directing the original complaint to the Officer-in-Charge concern for investigation and treating as F.I.R. The complaint was thereafter treated as complaint case. Subsequently summons was issued against the accused persons under Section 379/448 of the Indian Penal Code.
From the materials on record it appears that there has been an acrimonious relationship between the parties with filing of a civil suit being T.S. 4 of 2000 renumbered as T.S. 92
Issues for consideration
3 issues framed by the court
Whether the proceeding for theft in a complaint case without proper investigation can be treated as abuse of process of law.
Whether the trial court was correct in taking cognizance of the complaint without directing investigation under Section 156(3) CrPC.
Whether the revisional application should be allowed to quash the proceedings.
Parties & counsel
- petitioner
Dipa Saha & Anr.
- respondent
The State
Coram
Ananya Bandyopadhyay
Case details
As recorded by the court registry
- Court
- Calcutta HC
- Decided on
- · September
- Registered
- Case no.
- CRR/3695/2005
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