Item no. 97
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
In the matter of:-
Prasanta Kumar Chatterjee
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.
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.
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
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
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.)