High Court dismissed a revision application seeking quashing of a criminal case where a chargesheet and injury report were filed, ruling that a prima facie case existed requiring trial adjudication.
Revisional application dismissed; proceedings to continue before trial court.
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14.07.2023 31 cm
CRR 258 of 2010
In the matter of : Sarbani Sadhukhan.
…. for the petitioner.
Mr. Snehashish Pal Ms. Sudipta Mondal
…. for the O.P. Nos. 2 to 4.
Mr. Narayan Prasad Agarwala Mr. Pratick Bose
… for the State.
None appears for the petitioner.
The instant revisional has been filed for quashing of the complain case No.833C/2007 under Sections 149/448/427/323/509/504/506/34 of the Indian Penal Code pending before the 3rd Court of Judicial Magistrate at Howrah. From the averments in the petition as well as the documents annexed with the revisional application, it appears that chargesheet has already been filed along with an injury report which was seized. The circumstances establish a prima facie case against the petitioners, which have to be adjudicated through trial.
Under such circumstances, this Court is not inclined to quash the criminal proceedings pending before the learned trial court as aforesaid.
Accordingly, the instant revisional application is dismissed.
A copy of this order be sent down at once to the learned trial court for necessary information.
(Ananya Bandyopadhyay, J.)
1 issue framed by the court
Whether criminal proceedings under Sections 149/448/427/323/509/504/506/34 IPC should be quashed due to prima facie evidence of charges.
1 provisions across 1 enactments
Sarbani Sadhukhan
State
Ananya Bandyopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
