Calcutta High Court Quashes Criminal Case Against WBFC Official Visiting Borrower's House For Loan Recovery, Calls It Abuse Of Process

The Calcutta High Court has quashed criminal proceedings against a senior retired official of the West Bengal Financial Corporation (WBFC), holding that continuation of the case would amount to a gross abuse of the process of law.

The Court found that the FIR and subsequent charge-sheet, arising out of an alleged incident of trespass, criminal intimidation and outraging modesty, were lodged with an ulterior motive to stall loan recovery proceedings initiated by WBFC.

Justice Chaitali Chatterjee Das noted glaring lapses in the investigation, including an unexplained delay of nearly four years in the completion of the investigation, mechanical filing of the charge-sheet without awaiting or considering vital documents furnished by WBFC, and failure to examine material witnesses.

The Court observed that the petitioner, along with other senior officials, had visited the complainant's residence in discharge of official duties for recovery of substantial public funds, and that no material existed to establish the essential ingredients of offences under Sections 448, 354, 509 or 506 IPC.

Relying on precedents including State of Haryana v. Bhajan Lal and Naresh Aneja v. State of U.P., the Court held that the criminal proceedings were manifestly vexatious and instituted to wreak vengeance due to a personal and financial dispute.

Holding that permitting the prosecution to continue would defeat the ends of justice, the Court allowed the revision and quashed the proceedings pending before the Judicial Magistrate, Howrah.

Case: PRABIR MUKHOPADHYAY @ PRABIR MUKHERJEE VS THE STATE OF WEST BENGAL & ANR.

Case No: CRR 3775 OF 2022

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