Proceedings Against Deceased Accused and Others Quashed Due to Procedural Lapses and Civil Dispute Nature
In a significant judgment, the Calcutta High Court has quashed criminal proceedings against Dr. Gour Das in the case concerning alleged fraudulent creation of a trust deed. The proceedings were deemed to be an abuse of process, given the non-compliance with mandatory procedural safeguards, the inherently improbable allegations, and the civil nature of the dispute.
The case stemmed from a complaint filed by Bhabani Bhattacharjee, who accused Dr. Das and another of coercing her late uncle, Himangshu Nag, into creating a trust deed under false pretenses. The complaint was lodged in 2018, eight years after the deed’s registration, with claims of threats made by Dr. Das and his co-accused. However, the High Court found these allegations baseless as one accused had died in 2010, well before the alleged threats.
Justice Ajay Kumar Gupta noted the failure of the complainant to explain the eight-year delay in filing the complaint and highlighted the procedural lapse wherein the mandatory inquiry under Section 202 of the Cr.P.C. was not conducted, given that the accused resided outside the court's jurisdiction. The judgment emphasized the civil nature of the dispute, with a parallel civil suit pending over the same trust deed.
Citing the landmark case of State of Haryana v. Bhajanlal, the court reiterated the principles under which criminal proceedings can be quashed, emphasizing that the continuation of such proceedings in this case constituted a misuse of legal processes.
The court ordered the quashing of the criminal proceedings against Dr. Das, underscoring that the allegations were not only improbable but also aimed at pressuring the petitioner in a civil dispute.
Bottom Line:
Quashing of criminal proceedings - Complaint alleging criminal acts against an accused who had died years before the alleged occurrence - Mandatory procedural safeguards under Section 202 of Cr.P.C. not complied with - Complaint filed after an unexplained delay of eight years - Dispute primarily civil in nature - Proceedings quashed to prevent abuse of process of law.
Statutory provision(s): Sections 482, 202, 200 of the Criminal Procedure Code, 1973; Sections 420, 465, 471, 120B, 506, 34 of the Indian Penal Code, 1860.
Dr. Gour Das v. Bhabani Bhattacharjee, (Calcutta) : Law Finder Doc id # 2964532
