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Calcutta High Court · body

2026 DAILYLAW 3099 (CAL)

JAYA RANI DAS v. THE STATE OF WEST BENGAL AND ANR.

CRR/78/2026 · 2026-04-09

Sugato Majumdar

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

54 09.04.2026 Court. No.6 Sudipta CRR/78/2026 JAYA RANI DAS VS THE STATE OF WEST BENGAL AND ANR. Mr. Kamal Krishna Banerjee Mr. Satyaki Basu … for the petitioner. Mr. Nilay Chakraborty, Ld. APP Mr. Kallol Acharjee … for the State. 1. This is an application filed for quashing of proceeding being C.R. Case No. 369 of 2025 pending before the Learned Judicial Magistrate, 2nd Court, Jalpaiguri. 2. Mr. Banerjee, the Learned Counsel for the petitioner submitted that the allegations of forgery are frivolous. Therefore, should be quashed. The Learned Counsel relied upon certain documents to substantiate his plea. 3. The Learned Counsel for the State submitted that this is a complaint case and there is no scope for investigation. Question of fact could not be looked into at this stage while hearing an application for quashing. These are all questions of facts which demands trial. 2 4. I have heard rival submissions. 5. Firstly, I agree with the argument of the Learned Counsel for the State. Documentary evidence can be adduced at trial. This is an application which invites this Court to exercise of extra-ordinary jurisdiction. There is no scope of fact-finding at this stage. Question of forgery, as well as limitation is a matter of fact to be decided on trial. This Court cannot embark on fact-finding to decide on the baselessness of this allegation at this stage. 6. The instant application is disposed of as dismissed with a direction to the Trial Court to expedite the hearing. (Sugato Majumdar, J.)