Personal Vendetta Allegations Addressed in Quashing of Criminal Proceedings: Calcutta High Court

In a significant ruling, the Calcutta High Court, presided over by The Hon’ble Justice Shampa Dutt (Paul), delivered a judgment on 16^th August 2023 that delves into allegations of personal vendetta and false criminal cases. The case, titled “Dr. Sujoy Biswas vs. State of West Bengal & Anr.”, revolved around a Doctor who had alleged a targeted campaign of threats, bodily harm, and false criminal charges.

The court observed, “Alleged vendetta by opposite party no. 2 against petitioner – Petitioner’s protest against illegal activities, misappropriation of funds, and corrupt practices – History of conflicts and complaints – Personal vendetta alleged to be motive behind filing false criminal case.”

The petitioner, Dr. Sujoy Biswas, a resident of the ‘Vivekananda Samabaya Abashan Samity Ltd.’, had been embroiled in a longstanding battle against alleged mismanagement and corruption within the society. The court noted, “Association’s board dissolved by State Government – Personal vendetta alleged to be motive behind filing false criminal case.”

The proceedings also involved a counter case and mediation attempts. The court remarked, “Mediation attempted but petitioner absent on two occasions – Mention of medical reports indicating injuries suffered by complainant.” It was highlighted that the alleged offences were compoundable in nature.

The verdict maintained that there were prima facie materials indicating a need for a trial and dismissed the petitioner’s plea for quashing the proceedings. The judgment emphasized, “Criminal revision application seeking quashing of proceedings dismissed – Prima facie materials found in present case against petitioner.”

This judgment, which grappled with personal vendetta allegations, has significant implications for the interpretation of compoundable offences and the role of mediation in such cases. The court’s observation that “Alleged vendetta by opposite party no. 2 against petitioner” sheds light on the complexities of personal motives in legal disputes.

The Calcutta High Court’s ruling underscores the importance of addressing personal vendetta claims within the legal framework while upholding the principle of a fair trial.                           

Date of Decision: 16.08.2023

Dr. Sujoy Biswas vs State of West Bengal & Anr.