PRAMILA CHETTRI v. THE STATE OF WEST BENGAL AND ORS.
MAT/187/2023 · 2025-09-11
Prasenjit Biswas, Shampa Sarkar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 54169 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 54169 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Item No.10 11.09.2025 Court. No. 1
GB
CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI
MAT 187 of 2023
Mrs. Pramila Chettri VS The State of West Bengal & Ors.
Mr. Dhiraj Lakhotia, Ms. Radhika Agarwal, Ms. Meghna Joshi, Ms. Khushi Kundu, Ms. Madhulika Sharma … for the Appellant. Mr. Subir Kumar Saha, Ld. AGP., Mr. Momenur Rahman … for the State.
1. Affidavit-of-service is on record.
2. Despite service, none appears on behalf of the respondent nos.6 and 7.
3. The order which has been impugned before us, appears to be cryptic and does not deal with the contentions of the appellant that a plain reading of the complaint filed before the police did not disclose commission of a cognizable offence. We find substantial force in the submissions of the appellant.
4. The law is well-settled that, quashing of an F.I.R. under Article 226 of the Constitution of India is permissible, if it appears that the complaint has been lodged before the police authorities either to wreak vengeance or the F.I.R. does not disclose commission of a cognizable offence. We have
2 considered the contents of the complaint/First Information Report.
5. Under such circumstance, we set aside the order of His Lordship as the same does not conclusively decide the issues raised. We remand the writ petition for de novo hearing.
6. Needless to mention, the writ petition shall be heard on its own merits, upon due service of notice and a copy of this order upon the respondent nos.6 and 7.
7. Accordingly, the appeal is disposed of.
8. Parties are to act on the basis of the server copy of this order.
(Shampa Sarkar, J.)
(Prasenjit Biswas, J.)