SACHCHIDANANDA SINGH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioner invoking inherent jurisdiction of this Hon'ble Court prays for quashing of the FIR relating to Belghoria Police Station Case No. 31 dated february 9, 2007, under Section 354/506/323/34 of the Indian Penal Code.

(2.) MR. Dipak Kumar Sengupta, the learned Senior Advocate appearing in support of this application submitted before this Court that the impugned FIR is liable to be quashed on the following grounds;

(3.) MR. Sengupta further submitted that in a very recent decision in the case of Inder Mohan Goswami Anr. Vs. State of Uttaranchal and Ors. , reported in AIR 2008 SC 251, the Apex Court reaffirmed and endorsed its earlier view taken by it in the case of State of Karnataka Vs. L. Muniswamy, reported in air 1977 SC 1489, Madhavrao Jiwajirao Scindia and Ors. Vs. Sambhajirao chandrojirao Angre and Ors. , reported in (1988) 1 SCC 692 and in the case of state of Haryana and Ors. Vs. Bhajan Lal and Ors. , reported in 1992 Supp (1)SCC 335. It is his further submission in the light of the law as laid down in the aforesaid cases no Court proceeding be permitted to degenerate into a weapon of harassment or persecution and in such circumstances in the interest it would be justified for the High Court to quash the criminal proceedings.