A High Court criminal revision was filed to quash an FIR under Sections 324/506/114 IPC. Finding the dispute involved injuries to both parties, the court found the complaint not false or concocted and dismissed the revision.
The criminal revision praying for quashing of the FIR was summarily dismissed.
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Form J(1) IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction Appellate Side
Present : The Hon’ble Justice Bibek Chaudhuri
CRR 2802 of 2022
Mohammad Irfan @ Md. Irfan and Ors. Vs. The State of West Bengal & Anr.
Md. Khairul
..for the petitioner
Item No.06
Heard & Judgment on: 12.09.2022
Bibek Chaudhuri, J.
The petitioners have filed the instant revision praying for quashing of Beniapukur Police Station Case No.284 dated 27th June, 2022 under Sections 324/506/114 of the Indian Penal Code
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corresponding to G.R. Case No.1620 of 2022 on the following grounds:-
(i) On 27th June, 2022 at about 8.30 A.M. the petitioner No.2 Md. Jahangir and his son were brutally assaulted by the opposite party No.2. The petitioner No.2 lodged a complaint in the local Police Station against the opposite party No.2 and her son. Subsequently, on the basis of which Beniapukur Police Station case No.284 dated 27th June, 2022 was registered against them.
Beniapukur Police Station case No.284 dated 27th June, 2022 under Sections 324/506/114 of the Indian Penal Code was registered on the basis of a complaint made by the opposite party No.2 against the petitioners.
Thus, existence of case and counter case on the date and time of occurrence prima facie suggests that a dispute took place between the parties where some persons of both the parties received injury.
Considering such aspect of the matter, at this stage this Court is not in a position to hold that the written complaint submitted by the opposite party No.2 on the basis of which Beniapukur Police Station case No.284 dated 27th June, 2022 was registered is false, concocted and afterthought.
In view of such circumstances, I do not find any merit in the instant revision and accordingly, the revision is summarily dismissed.
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However, this order will not debar the petitioners to approach
this Court at a appropriate stage, if advised.
(Bibek Chaudhuri, J.)
1 issue framed by the court
Whether a criminal revision under Section 455 CrPC praying for quashing of FIR established from a complaint should be allowed at this stage.
1 provisions across 1 enactments
Mohammad Irfan @ Md. Irfan and Ors.
The State of West Bengal & Anr.
Bibek Chaudhuri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
