Calcutta High Court (Appellete Side)
Md. Abdur Rob vs The State Of West Bengal & Anr on 25 November, 2014
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1 In the High Court at Calcutta Criminal Revisional Jurisdiction Appellate Side Present:-
The Hon'ble Mr.Justice Ashim Kumar Roy CRR No.3265 of 2014 Md. Abdur Rob v.
The State of West Bengal & Anr.
For the petitioner : Mr. Abdul Hadi.
Heard on : October 31, 2014.
Judgement on` : 25.11.2014
Ashim Kumar Roy, J.-
The petitioner has approached this court for quashing of the FIR relating to the offences punishable under section 188 IPC registered vide Usthi P.S. Case No.549 of 2014.
This is a case where the investigation is still proceeding. An FIR can very well be quashed, if the allegations made therein accepting to be true on its face value and without disputing the correctness of the same, it is found that no offence has been disclosed. At this stage, neither the defence of the accused nor any disputed question of facts can be taken into consideration.
Now, going through the FIR, it cannot be said that no offence has been made out and the grounds on which the quashing has been sought for are 2 essentially the defence of the accused and involved adjudication of the disputed question of facts. Therefore, the question of quashing does not at all arise.
Accordingly, this criminal revisional application stands dismissed and disposed of.
Photostat certified copy of this order, if applied for, be given to the parties at an early date.
(Ashim Kumar Roy, J.)