Allegations of Trespass and Abuse Dismissed; Court Finds Investigation Lacked Sufficient Grounds and Was Marred by Inordinate Delays
In a significant judgment, the Calcutta High Court has quashed the charge-sheet against Prabir Mukhopadhyay, a retired officer of the West Bengal Financial Corporation (WBFC), and three other officials. The charge-sheet, which accused them of trespass, abuse, and threats against a resident, was found to be the result of a flawed and delayed investigation. The decision was delivered by Justice Chaitali Chatterjee Das in response to a petition filed by the accused.
The case originated from an incident on November 8, 2016, when the officials allegedly entered the complainant's residence, threatening her and abusing her husband for committing fraud. The complaint was filed following a loan recovery attempt by WBFC officials, including Mukhopadhyay.
The court highlighted several procedural lapses, including the investigating officer's failure to collect relevant materials and the unexplained inordinate delay in the investigation, which took four years to complete. The court noted that the charge-sheet was submitted without waiting for crucial replies and that the delay was not justified, especially considering the investigation's resumption only in 2019 after an initial start in 2016.
The judgment emphasized the importance of Section 482 of the Criminal Procedure Code, empowering the High Court to quash proceedings that result in the abuse of legal processes or are found to be vexatious. The court found that the continuation of proceedings against the WBFC officials would be an abuse of the legal process.
This decision reflects the court's commitment to ensuring that legal proceedings are conducted fairly and without undue delay, safeguarding individuals from frivolous and malicious prosecution. The court also referenced precedents, including the landmark judgment in State of Haryana v. Bhajanlal, to reinforce the principles guiding the quashing of proceedings in cases of malicious intent or procedural abuse.
Bottom Line:
Quashing of charge-sheet allowed due to gross abuse of process of law and inordinate delay in investigation without sufficient explanation. Allegations and evidence fail to justify continuation of proceedings.
Statutory provision(s): Indian Penal Code, 1860 Sections 448, 354, 509, 506; Criminal Procedure Code, 1973 Section 482, Sections 211-213, 218
