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Judgments of Supreme Court of India and High Courts

Prasanta Kumar Chatterjee vs Unknown on 29 March, 2019

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29.03.2019

Item no. 97
Ct. No.22
CHC

C.R.R. No.3230 of 2018

In Re:- An application under section 482 read with Section 401
of the Code of Criminal Procedure for quash the Katwa G.R. Case
No.4 of 2008 before the learned Judicial Magistrate, 2nd Court,
Katwa in connection with Criminal Misc. Case No.1627 of 2017
before the learned District Sessions Judge, Burdwan
And
In the matter of:-

Prasanta Kumar Chatterjee
… Petitioner

Mr. Rameswar Sinha
… for the petitioner

Mr. Binoy Kr. Panda,
Mr. Subham Kanti Bhakat
… for the State

This revisional application is for quashing of pending

proceeding in connection with Katwa P.S. Case No. 3 of 2007 dated

5.01.2008 under Sections 498A/406 I.P.C. alleging the same to

have been manufactured without any substance therein.

Learned advocate for the revisionist submits that the pending

police case under Section 498A/406 I.P.C. is a vexatious,

purposive, oppressive, mala fide and without any ingredients,

required to be put in the petition of complaint, while initiating case

in accordance with the law.

2

Learned advocate, Mr. Panda representing the State submits

that there is existence of two cases one relating to Katwa G. R.

Case No.4 of 2008, and another relating to Criminal Misc.Case

No.1627 of 2017. According to the State, since the police is

undergoing investigation in this case, and there is sufficient

materials enclosed with this revisional application, transpiring

prima facie case to exist against revisionist, indicative of no

quashing, the exercise undertaken by revisionist at that stage

deserves no consideration.

It appears from the documents enclosed that one Pampa

Chatterjee lodged F.I.R. with Officer-in-Charge of Katwa Police

Station submitting a complaint on 5th January, 2008, alleging

commission of offence under Sections 498A/406 I.P.C. There is

nothing to establish whether the police has completed

investigation in that case or not. It further appears from the xerox

copy of the document enclosed that one Criminal Misc.Case

No.1627 of 2017 is pending before the Learned Sessions Judge.

In course of hearing, learned advocate for the revisionist

submits that a proceeding has already been initiated seeking

transfer of the case from Katwa to Kalna, which is pending and

pendency of such proceeding has been causing unnecessary

suffering and prejudice to revisionist/accused/husband.
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It is settled principle of law that the power under Section 482

may be exercised in the following circumstances:

(i) To give effect to an order under the ‘Code’

(ii) To prevent the abuse of the process of the Court

(iii) To secure the ends of justice otherwise.

While exercising power under Section 482 of the Code, the

Court is under obligation to make an enquiry from the materials

produced before it to the extent of finding it out whether a prima

facie case has been made out or not.

Upon considerations of the averments contained in the F.I.R, it

appears that sufficient materials were there disclosing commission

of cognizable offence thereby making out a prima facie case, not

supportive of the purpose of the revisionist advancing a prayer for

quashing at this stage. There is no such illegality or apparent

irregularity committed in originating the instant prosecution. The

allegations so far contained in the F.I.R. are not at all suggestive to

go for a finding that it was a purposive, oppressive and mala fide

one. The quashing as such is not encouraging and in view of the

materials produced before the Court. The quashing as such, is

refused.

Learned Sessions Judge, Burdwan is, however, directed to

dispose of the Criminal Misc. Case No.1627 of 2017 expeditiously

as possible giving sufficient opportunity to either of the parties to
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this case preferably within a period of six months from the date of

communication of this order.

Liberty is given to revisionist to raise the issue pertaining to

the points covered in the transfer petition, if any, pending before

the Learned Sessions Judge in terms of the provisions of the law,

as contained in the Code of Criminal Procedure.

With this direction/observation, this revisional application

stands disposed of.

Urgent certified photostat copy of this order, if applied for, be

given to the parties as expeditiously as possible on compliance of

all necessary formalities.

(Subhasis Dasgupta, J.)

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