KOLKATA: Kolkata: High Court cannot quash criminal cases on “whims and caprice”, it can only be done in “rarest of rare cases,” Calcutta high court held on Wednesday refusing to quash criminal case against a man accused of stalking and assaulting a woman in Bishnupur. “Under Section 482 Cr.P.C or under Article 226 of the Constitution of India to quash the first information report is to be exercised in a very sparing manner and is not to be used to choke or smother the prosecution that is legitimate. The inherent powers do not confer an arbitrary jurisdiction on the High Court to act according to whims and caprice. Such power has to be exercised sparingly, with circumspection and in the rarest of rare cases” Justice Chaitali Chatterjee (Das) reiterated.
The victim alleged that the accused had restrained her outside her home, and physically assaulted her on May 17, 2022. She alleged that he was carrying a sharp weapon along with a glass bottle, and tried to spread its content on her face. When she resisted, he allegedly slapped and kicked her. But he managed to flee just as local people assembled. In her statement, the victim said that the accused has been allegedly disturbing her for the past four years. The accused meanwhile claimed that they were college mates of Rabindra Bharati University’s Vidya Nagar College campus and were in a romantic relationship from 2016 to 2019. He claimed to be a “social worker” who deals with custodial death, which is against cops and hence he has been framed. The accused also claimed that on May 17, 2022, he had lodged a complaint against the victim’s father at Diamond Harbour police district for allegedly abusing and threatening him. He claimed that the stalking and physical assault case against him by the victim was a counter blast. The charges framed against the accused are under section 308 (attempt to commit culpable homicide), 325 (voluntarily causing grievous hurt), 341 (wrongful restraint), and 506 (criminal intimidation). Justice Chatterjee (Das) held that the case involves allegations of serious offences and there is no reference to any prior relationship as claimed by the accused. “The trial court applied his mind considering the materials placed before him and refused to discharge the petitioner. Hence, mere filing of a complaint by the accused against the de-facto complainant prior to lodging of the complaint by her cannot ipso facto (by the very fact) be considered as vexatious,” Justice Chatterjee (Das) held. The victim alleged that the accused had restrained her outside her home, and physically assaulted her on May 17, 2022. She alleged that he was carrying a sharp weapon along with a glass bottle, and tried to spread its content on her face. When she resisted, he allegedly slapped and kicked her. But he managed to flee just as local people assembled. The charges framed against the accused are under section 308 (attempt to commit culpable homicide), 325 (voluntarily causing grievous hurt), 341 (wrongful restraint), and 506 (criminal intimidation).
