Court Finds Lack of Credible Evidence and Contradictions in Investigation, Emphasizes Need for Strong Suspicion in Criminal Prosecutions
In a significant ruling, the Calcutta High Court, presided over by Justice Tirthankar Ghosh, quashed the proceedings in a criminal case involving Swapan Kumar Ghosh, a reputed professor, against the State of West Bengal. The case, arising from Ballygunge Police Station Case No. 145/18 dated November 3, 2018, was centered around allegations of forgery and unauthorized financial withdrawals linked to a research and development project sponsored by the Ministry of Textiles, Government of India.
The petitioner, Professor Swapan Kumar Ghosh, was accused of involvement in the forgery of signatures on financial vouchers, leading to illegal withdrawals of funds. The complaint was initiated by Prof. Asis Mukhopadhyay, head of the Department of Jute and Fibre Technology, University of Calcutta. The allegations included the forgery of signatures on vouchers and the unauthorized withdrawal of funds using these forged documents.
The court scrutinized the evidence presented by the investigating agency, which included handwriting expert opinions and witness statements. Notably, the court found that the handwriting expert's opinions were inconclusive and did not establish a clear authorship of the disputed signatures. Additionally, witness statements failed to inspire confidence, as key witnesses admitted to handing over the withdrawn money to another individual, Debashis Shome.
Justice Ghosh emphasized that criminal law should not be set into motion merely on the basis of suspicion. The court highlighted the necessity for strong suspicion and credible evidence before proceeding with criminal charges. The ruling referenced several precedents, including the Supreme Court's decisions in cases such as Pepsi Foods Ltd. v. Judicial Magistrate and Dilawar Balu Kurane v. State of Maharashtra, reiterating that prosecution without a reasonable prospect of conviction is an abuse of the judicial process.
The court further noted that the tendency to file chargesheets and frame charges without substantial suspicion clogs the judicial system, diverting resources from more serious cases. This decision reinforces the principle that the state should not prosecute individuals without a reasonable prospect of conviction, as it compromises the right to a fair process.
In light of the contradictions and lack of credible evidence, the Calcutta High Court quashed all proceedings related to the case, thereby allowing the revisional application filed by Swapan Kumar Ghosh. The judgment underscores the importance of a thorough and credible investigation in criminal cases, particularly when the charges involve serious allegations like forgery and financial fraud.
Bottom Line:
The court emphasized that criminal law cannot be set into motion as a matter of course and prosecution must be based on a strong suspicion rather than mere suspicion. It quashed proceedings in a criminal case due to contradictions in evidence and lack of grave suspicion.
Statutory provision(s): Criminal Procedure Code, 1973 Section 482
Swapan Kumar Ghosh v. State of West Bengal, (Calcutta) : Law Finder Doc id # 2860721
