CHANCHALPATI DAS versus THE STATE OF WEST BENGAL & ANR.

CHANCHALPATI DAS versus THE STATE OF WEST BENGAL & ANR.

Criminal proceedings arising out of FIR No.33 of 2009 were quashed because the complaint was filed after an inordinate unexplained delay of eight years, the complaint and charge-sheet did not disclose any prima facie case or cogent evidence to establish offences under Sections 468, 471, 406 and 120-B IPC, and continuation would be an abuse and misuse of the process of law; costs awarded to appellants.

Parties
Appellant Accused: Madhu Pandit Das; Appellant Accused: Chanchalpati Das; Respondent: The State of West Bengal; Respondent Complainant: Radha Raman Das
Jurisdiction
India
Judgment Date
18 May 2023
Procedural Posture
Criminal Appeal / On Appeal Against High Court Order Dismissing Criminal Revisions Seeking Quashing of FIR and Charge Sheet
Outcome
Appeal allowed; criminal proceedings quashed
Legal Topics
Quashing of Fir/charge Sheet, Abuse of Process, Inordinate Delay, Section 482 Cr.p.c., Forgery and Theft Allegations
Criminal Procedure Criminal Law Quashing of Fir/charge Sheet Abuse of Process Inordinate Delay Section 482 Cr.p.c. Forgery and Theft Allegations

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Parties

Madhu Pandit Das

Appellant Accused

Chanchalpati Das

Appellant Accused

The State of West Bengal

Respondent

Radha Raman Das

Respondent Complainant

Procedural Posture

Criminal Appeal / On Appeal Against High Court Order Dismissing Criminal Revisions Seeking Quashing of FIR and Charge Sheet

Legal Issues

  1. 1 Whether criminal proceedings/FIR and chargesheet can be quashed under Section 482 Cr.P.C.
  2. 2 Whether inordinate and unexplained delay in filing complaint warrants quashing
  3. 3 Whether the complaint and chargesheet disclose a prima facie case to proceed to trial

Ratio Decidendi

Criminal proceedings arising out of FIR No.33 of 2009 were quashed because the complaint was filed after an inordinate unexplained delay of eight years, the complaint and charge-sheet did not disclose any prima facie case or cogent evidence to establish offences under Sections 468, 471, 406 and 120-B IPC, and continuation would be an abuse and misuse of the process of law; costs awarded to appellants.

Court Disposition

Appeal allowed; criminal proceedings quashed

Orders

  • Criminal proceedings pending in the Court of Chief Judicial Magistrate, Alipore arising out of FIR No.33 of 2009 registered at Ballygunge Police Station are quashed
  • Respondent-complainant to pay costs of Rs. 1,00,000/- to be deposited in the office of the Supreme Court Advocates-on-Record Association