The High Court of Calcutta, while allowing a petition filed under Section 482 of the Code of Civil Procedure, praying to quash the proceeding under Sections 448/427/506/24 of the Indian Penal Code pending before the learned Judicial Magistrate, held that the High Court has no jurisdiction to appreciate the evidence of the proceedings under Section 482 of the Code as contradictions and/or inconsistency in the statement of witnesses is essentially an issue relating to appreciation of evidence which can be gone into by the trial Court.
Brief Facts:
The 2nd petitioner had transferred the tenancy in favor of the first petitioner in terms of the agreement upon intimation of the same to the landlord/2nd opposite party. The 2nd opposite party filed an eviction suit against the 2nd petitioner in respect of the premises. The 2nd opposite party intimated to the 2nd petitioner the landlord intended to take up development work. Upon receiving possession of the premises, the 1st petitioner found on 4th November 2020 that the shutter lock of the premises was blocked by some miscreants for which the said petitioner lodged a General Diary.
Contentions of the Petitioner:
The learned counsel appearing on behalf of the Petitioner submitted that the petitioners have been falsely implicated in the present complaint and no incident has alleged occurred at all. The complaint does not contain any ingredient of offenses punishable under Sections 448/427/506/34 of the Indian Penal Code and proceeding with the case any further shall be a complete abuse of the process of law.
Contentions of the Respondent:
The learned counsel appearing on behalf of the Respondent submitted that the evidence referred to by the petitioners deals with disputed questions of fact which cannot be considered by the Court in an application under Section 482 of the Code. Such questions can be determined only at the time of trial. A Prima facie case has been made out against the petitioners in the complaint which is sufficient to dismiss the present application.
Observations of the court:
The court noted that the pendency of an eviction suit between the parties is essentially a civil dispute which cannot be a ground for quashing a criminal complaint.
The Court observed that the High Court has no jurisdiction to appreciate the evidence of the proceedings under Section 482 of the Code as contradictions and/or inconsistency in the statement of witnesses is essentially an issue relating to appreciation of evidence which can be gone into by the trial Court. The Court, however, said that no prima facie ingredients of an offense punishable under Sections 448/427/506/34 of the Indian Penal Code were made out in the complaint and the contents of the complaint do not disclose the offenses as alleged. As such, continuation of such complaint shall amount to abuse of the process of law.
The decision of the Court:
The Calcutta High Court, allowing the petition, held that the proceeding under Sections 448/427/506/24 of the Indian Penal Code, pending before the learned Judicial Magistrate, is quashed.
Case Title: Avijit Das & Ors. v The State of West Bengal & Anr.
Coram: Hon’ble Justice Suvra Ghosh
Case No.: CRR 226 of 2022
Advocate for the Petitioner: Mr. Sourav Ganguly
Advocate for the Respondent: Mr. Sabir Ahmed
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