LAWS(CAL)-2010-1-15

DILIP RANA Vs. STATE OF WEST BENGAL

Decided On January 06, 2010
DILIP RANA Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) Invoking Section 482 of the Code of Criminal Procedure, the petitioner has moved the instant criminal revisional application for quashing of a First Information Report relating to offence punishable under Section 408 of the Indian Penal Code registered at Jagaddal Police Station.

(2.) Mr. Chittaranjan Panda, the Learned Counsel, appearing in support of this application for quashing vehemently urged that the impugned FIR is liable to be quashed for the following reasons;

(3.) I have given my anxious and thoughtful consideration to the submissions made by Mr. Panda, the Learned Counsel of the petitioner. This is a case for quashing of the First Information Report and it is well settled that a FIR can be quashed only when on the face of the allegations made in the FIR no offence is disclosed. Truth or falsehood of the allegations cannot be gone into at this stage. At this stage the question is not whether there was any truth in allegations made but whether on the basis of the allegations a cognizable offence has been made out or not.