Dismissed

Sk. Moni and Anr. v. State of West Bengal and Ors.

Calcutta HC28 Mar 2023CRR/1416/2021

Case brief

AI extract

What is this about?

The Calcutta High Court, via a Criminal Revisional Jurisdiction order, rejected a Section 482 CrPC application filed at a premature stage. Despite allegations of criminal offences alongside a civil dispute, the court held that no interference was called for and dismissed the application.

What did the court decide?

The criminal revisional application is disposed of; petitioners at liberty to canvass points later.

Sk. Moni and Anr. Vs State of West Bengal and Ors. — Criminal Trial and Appeal | Calcutta HC (2023)

¶1

28-03-2023 Subha Item no. 30 Ct no.34

¶2

IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction

¶3

Sk. Moni & Anr. -versusThe State of West Bengal

¶4

Re : An application under Section 482 of the Code of Criminal Procedure.

¶5

None appears on behalf of the petitioners or for the State. Accordingly, Mr. Arijit Ganguly, learned advocate who usually appears on behalf of the State is directed to appear on behalf of the State. His appearance may be regularized by the concerned authorities in due course.

¶6

The revisional application was preferred challenging the continuance of Rajapur P. S. Case No. 306 of 2020 dated 03.10.2020 under Sections 448/323/506/34 of the Indian Penal Code.

¶7

The thrust of contentions as advanced in the revisional application relates to previous civil dispute for the purposes of which the present case has been initiated.

¶8

The petitioners approached this court at the nascent stage and the only document which has been enclosed along with the application so far as the criminal case is concerned is the FIR. The other documents include those relating to the order passed by the

¶9

¶10

learned Civil Judge(Junior Division), 1^st court, Uluberia. While assessing a proceeding under Section 482 of the Code of Criminal Procedure particularly wherein the prayers are advanced in quashing, this court is to consider the probability and the factors, which may be involved for continuation of the proceedings. There may be civil dispute but at the same time there are offences under Sections 323/506 IPC being made out so far as the allegations are concerned apart from Sections 448/334 of the Indian Penal Code.

¶11

Considering the issues, which have been canvassed, I am of the opinion that the present revisional application has been preferred at a premature stage and no interference is called for.

¶12

However, the petitioners would be at liberty to canvass such points at the appropriate stage of the proceedings.

¶13

With the aforesaid observations, the revisional application being CRR 1416 of 2021 is disposed of.

¶14

Pending applications, if any, are consequently disposed of.

¶15

All concerned parties are to act in terms of a copy of this order duly downloaded from the official website of this court.

¶16

[Tirthankar Ghosh, J]

¶17

Sk. Moni and Anr. v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Sk. Moni and Anr. v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Asish Biswas Barman Vs State of West Bengal and Anr.

Nitai Charan Kuity@Nitai Kuity@Netai Charan Kuity Vs State of West Bengal and Anr.

Sarin Akhtar @ Sarbin and Ors. Vs State of West Bengal and Anr.

Central Bureau of Investigation, Represented by Dy Superintendent of Police, Cbi, Acb, Kolkata Vs Shri Pradip Chatterjee and Anr.

Gopal Roy Vs State of West Bengal

Swapan Das Rep by His Father Ranjit Das Vs State of West Bengal