Asit Maity@Ashit Maity v. State of West Bengal & Anr.
Case brief
What is this about?
Revised application allowed. Charge sheet under Section 354B IPC and SC ST Act quashed. Court held no caste certificate existed for complainant to attract SC ST Act, and witness statements indicated only a civil ownership dispute without criminal offence.
What did the court decide?
Charge sheet bearing no. 64 of 2016 under Section 354B IPC read with Section 3 SC ST Act is quashed; case diary to be returned.
What the court decided
IN THE HIGH COURT AT CALCUTTA (Criminal Revisional Jurisdiction) Appellate Side
Present:
Justice Bibhas Ranjan De
C.R.R. 2848 of 2017
With
IA No. CRAN 3 of 2018 (CRAN 1313 of 2018) Asit Maity @ Ashit Maity
Vs.
The State of West Bengal & Ors.
For the Petitioner :Mr. Amitabha Ghosh, Adv.
Mr. Madan Mohan Roy, Adv.
For the State :Mr. Saswata Gopal Mukherjee, Ld. P.P.
Mr. Imran Ali, adv.
Issues for consideration
3 issues framed by the court
Whether the charge sheet under Section 354B of the Indian Penal Code read with Section 3 of the SC ST Act is maintainable in the absence of a caste certificate for the complainant.
Whether the available evidence of witnesses discloses the commission of any offence under the IPC or the SC ST Act.
Whether the facts disclosed relate to a civil dispute over house ownership rather than a criminal offence.
Parties & counsel
- petitioner
Asit Maity @ Ashit Maity
- respondent
The State of West Bengal & Ors.
Coram
Bibhas Ranjan De
Case details
As recorded by the court registry
- Court
- Calcutta HC
- Decided on
- · October
- Registered
- Case no.
- CRR/2848/2017
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