KCCL ZIPALL PVT LTD Vs. STATE

JUDGEMENT

(1.) Invoking Section 482 of the Code of Criminal Procedure, the petitioners who have been arraigned as accused in a FIR relating to an offence punishable under Section 4D of the West Bengal Land Reforms Act, 1955 have approached this Court for quashing of the said case on the following grounds;

(2.) The petitioners have approached this Court for quashing of the FIR and it is well settled a FIR can be quashed only when on the face of the allegations made in the FIR no offence is constituted. At this stage the defence of the accused as well as the truth or falsehood of the allegations cannot be the deciding factor.

(3.) So far as the contention of the learned advocate of the petitioners the FIR was lodged by ascribing false statement and suppressing correct facts and without any application of mind and there was no change in the character of the land in violation of the provisions of Section 4C of the West Bengal Land Reforms Act are purely disputed question of facts and cannot be gone into at this stage.