Petitioner sought quashing of a charge sheet under Sections 341/323/506 IPC in an eviction-related dispute. The court held allegations were not inherently absurd and dismissed the revision under Section 482 CrPC, leaving proceedings before the Magistrate intact.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRR 413 of 2019
In the matter of: Papiya Bhattacharya
.... Petitioner.
… For the Opposite Party No.2.
The petitioner, in this case, has prayed for quashing of a charge sheet filed in connection Amherst Street Police Station Case No.113 of 2017 dated May 08, 2017, under Sections 341/323/506 of the Indian Penal Code pending before the learned Additional Chief Metropolitan Magistrate, 2nd Court, Calcutta.
It appears that the petitioner is the landlady of the premises in question and the opposite party no.2 is the daughter-in-law of the deceased tenant and there is a pending eviction suit between the parties.
The opposite party no.2 on May 8, 2017, before the relevant Police Station lodged an FIR alleging, inter alia , that on that day she found that the husband of the petitioner was opening the meter box installed by the CESC Ltd, at the relevant premises. She contacted the official of CESC Ltd, over the telephone who instructed her to take photographs of the incident. While she tried to take some photographs, the petitioner came down and abused her. The petitioner pushed her for which she suffered abrasion in the skin of her feet and also sustained an injury on her left neck. On the basis of the
2
FIR, the charge sheet was filed by the investigation agency under Sections 341/323/506 of the IPC upon the conclusion of the investigation.
The allegations in the FIR and the charge sheet are not inherently absurd. Upon filing the charge sheet, the learned Magistrate took cognizance and fixed date for recording the plea. I am not inclined to interfere with the proceeding at this stage in exercising inherent power under Section 482 of the Code of Criminal Procedure, 1973.
Accordingly, the revisional application being CRR 413 of 2019 fails and is hereby dismissed. However, the learned Magistrate shall not be influenced by any of the observations made in this application. The petitioner will be at liberty to urge all points available to her before the learned Magistrate in accordance with law.
Urgent photostat certified copies of this order, if applied for, be supplied to the parties on compliance with all the necessary formalities.
1 issue framed by the court
Whether the revisional application for quashing the charge sheet under Section 482 CrPC should be allowed given the FIR contains credible allegations.
2 provisions across 2 enactments
Papiya Bhattacharya
Opposite Party No.2
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
