No Evidence of Petitioner’s Involvement, Further Proceedings Would Be an Abuse of Court Process  – Calcutta High Court Quashes Criminal Case Against Bona Fide Purchaser

In a significant judgement today, the High Court of Calcutta quashed the criminal proceedings against Tushar Manna, in a case concerning the alleged fraudulent sale of property. Justice Bibhas Ranjan De ruled that proceeding further against Manna, who was deemed a bona fide purchaser of the property in question, would constitute an abuse of court process.

The court examined the revision application against the criminal proceedings initiated under various sections of the Indian Penal Code (IPC), namely Sections 403, 406, 420, 120B, 34, related to accusations of a fraudulent property transaction. The petitioner sought quashing of these proceedings, asserting his status as a bona fide purchaser unaware of the prior fraudulent activities allegedly conducted by the previous owners.

The case originated from a FIR lodged at Jangipara Police Station on November 1, 2015, following a complaint by the second respondent. The complaint detailed that after receiving an advance payment and entering an agreement for sale, the original property owners, along with the petitioner, sold the property to Manna, thus perpetrating the alleged fraud.

Ownership and Knowledge: Justice De noted that Tushar Manna purchased the property via a registered sale deed dated July 20, 2015, without knowledge of any prior agreement or alleged fraudulent activities involving the previous owners.

Settlement Evidence: The court considered the fact that the previous owners had settled the disputed amount with interest to the complainant as observed during their anticipatory bail, further diluting any claims against Manna.

Lack of Involvement: The prosecution failed to demonstrate any direct involvement or knowledge of Manna in the fraud, with no evidence of him receiving funds or communicating deceitfully with the complainant.

Legal Scrutiny: Upon scrutinizing the complaint and relevant legal provisions, the court found no substantial evidence implicating Manna directly or indirectly in the fraud, thereby warranting the quashing of proceedings against him to prevent misuse of the judicial process.

Decision: Concluding the arguments, Justice De ruled that no prima facie case against Manna was established, leading to the quashing of all proceedings against him. The judgement emphasized that continuing the case would represent an unjust misuse of legal resources and an unwarranted harassment to the petitioner.

Date of Decision: May 10, 2024.

Tushar Manna vs. The State of West Bengal & Anr.