DEBASISH BHATTACHARJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This criminal revision arises out of an application filed by the accused persons/petitioners under Section 482 of the Code of Criminal Procedure (hereafter described as 'the Code') praying for quashing of FIR filed by the opposite party No.2 as the defacto complainant that gave rise to Dum Dum P.S Case No.821 of 2017 dated 17th August, 2017 under Section 306/34 of the Indian Penal Code (IPC).

(2.) The opposite party No.2 was served notice of the instant revision time and again but she preferred not to take part in the hearing of the matter. Vide order dated 5th March, 2020, a Coordinate Bench of this Court accepted service upon the opposite party No.2 and fixed the matter for hearing under the heading 'Contested Application'. Even thereafter series of orders were passed for service upon the opposite party No.2 and such directions were duly complied with by the petitioners, but appearance of the defacto complainant cannot be ensured.

(3.) Though the instant application was filed by the petitioners praying for quashing of a criminal case instituted against them, this Court at the time of hearing finds that the chain of events leading to the filing of F.I.R under Section 154 of the Code by the defacto complainant and consequent investigation by police are shrouded with bona fide suspicion and reasonable doubt involving wide ramification in the administration of justice, persuading the Court to adjudicate the issue in hand under the touchstone of the basic requirement of investigation of a criminal case to establish the truth behind commission of an offence. As observed by the Hon'ble Supreme Court in Pooja Pal vs. Union of India and Ors : (2016) 3 SCC 135, "As the cause of justice has to reign Supreme, a Court of law cannot reduce itself to be a resigned and a helpless spectator and with the foreseen consequences apparently unjust, in the face of faulty investigation, meekly complete the formalities to record a foregone conclusion. Justice then would become a casualty."