A revision petition challenging a proceeding under Section 354 IPC was dismissed. The court held that despite arguments regarding the injury report, the prima facie offence indicated by a witness statement prevented quashing the proceedings under Section 482 CrPC.
The criminal revision is dismissed without any order as to costs.
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09.01.2023 SL No.30 Court No.3 SB
Circuit Bench of Calcutta High Court At Jalpaiguri
CRR 1 of 2023
In the matter of : Sri Dinesh Singh & Anr.
Mr. Subham Ghosh … for the petitioners Mr. Aditi S. Chakraborty, Ld. A.P.P. Mr. Tapan Bhattacharyya … for the State
The Statement of Sri Dharmender Mahato one of the witnesses examined by the police in course of examination indicates, prima facie offence within the meaning of Section 354 of the Indian Penal Code was committed against the victim.
Mr. Ghosh, however, drawing my attention to the injury report submits that injury report does not justify the F.I.R. and it is eloquent about the exaggeration as well as mala fide intention of the de facto complainant. There is no ingredient of offence within the meaning of Section 379 of the Indian Penal Code as well.
I have been given to understand that though police submitted charge sheet after investigation charge is yet to be framed. Therefore, the petitioners shall have the liberty to agitate all points at the time of framing of charge which are canvassed in this proceeding. But I do not find any reason to invoke the provision of Section 482 of the Cr.P.C. to quash the entire proceeding in view of the statement collected in course of investigation and in particular the statement I have referred to hereinabove.
The criminal revision is dismissed without any order as to costs.
2
Let a copy of the order sheet be sent down to the learned Trial Court for information and necessary action.
Urgent Photostat certified copy of this order, if applied for, be given to the parties, upon completion of requisite formalities.
(Siddhartha Roy Chowdhury, J.)
1 issue framed by the court
Whether Section 482 of the Cr.P.C. should be invoked to quash the criminal proceeding in light of the witness statement.
3 provisions across 2 enactments
Sri Dinesh Singh & Anr.
State
Siddhartha Roy Chowdhury
As recorded by the court registry
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