Sajal Bose vs The State of West Bengal and Ors.

Held: Upon cumulative consideration of the allegations in the FIR, the material collected during investigation, and the evidence placed on record, the present case falls where allegations made in the FIR, even if taken at their face value, do not prima facie constitute any offence; the uncontroverted allegations and the material collected fail to disclose the commission of an offence; and the criminal proceeding manifestly attended with malafide and instituted with an ulterior motive for wreaking vengeance – Even if the allegations in the FIR and the material collected during investigation are taken at their face value and accepted in their entirety, they do not prima facie constitute the necessary ingredients of offences alleged against the appellants – Further, the uncontroverted material available on record-CCTV footage, completely belies the allegation of their participation in the alleged offences so as to justify their being put to trial – Attendant circumstances-admitted pre-existing disputes between the parties and the absence of specific and distinct overt acts attributed to the appellants, lend substance to their submission that the criminal proceedings manifestly attended with malafide and have been initiated with an ulterior motive – Permitting the continuation of prosecution of the appellants would amount to an abuse of the process of law – Compelling appellant Nos. 1, 2 and 3 to face a full-fledged criminal trial would serve no meaningful purpose – Continuation of such proceedings, in face of total lack of credible material connecting them with the alleged offences, would amount to misuse of the criminal process – Where reliable and unimpeachable material demonstrably displaces the factual basis of the accusations and the prosecution is unable to effectively counter the same, the Court would be justified in invoking its inherent jurisdiction to prevent injustice – Such an approach not only accords justice to the accused but also obviates the wastage of precious judicial time on proceedings which, on the admitted material, do not hold a reasonable prospect of culminating in conviction – Impugned judgment and order cannot be sustained in law and is set aside. [Paras 31, 34, 35]

Code of Criminal Procedure, 1973 – s.428 – Bharatiya Nagarik Suraksha Sanhita, 2023 – s.528 – Inherent Jurisdiction of the High Court – Scope and ambit of – Discussed. [Paras 22, 23]