Arindam Dutta Chowdhury & Anr. v. The State of West Bengal & Anr.

dispute between the parties are civil in nature. Having considered the overall facts and circumstances of the case, and that dispute pertains to the monetary transactions which are purely civil in nature and also considering the uncontroverted documents in support of the petitioners’ alibi, I find that the presence of the petitioners at the spot at the time of alleged occurrence is absurd and inherently improbable. Therefore, further continuance of the instant proceeding against the present petitioners will be mere abuse of the process of the court, especially in view of the fact that there is hardly any chance of conviction of the petitioner at the end of trial and therefore 5 clause (5) of para 102 of the case of State of Hariyana Vs. Bhajanlal & other, (1992) Supp (1) SCC 335, clearly attracts in the present case which states:- para 102 (5) “Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.” In such view of the matter, CRR 4790 of 2024 is allowed. The impugned proceeding being GR Case No. 576 of 2024 presently pending before the Chief Judicial Magistrate, Jhargram is hereby quashed. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Dr. Ajoy Kumar Mukherjee, J.)