Consensual Relationship That Later Turns Sour Is Not Rape: Andhra Pradesh High Court Grants Bail in Breach of Promise Case Double Presumption of Innocence Applies; No Interference Unless Trial Court Judgment Is Perverse: Allahabad High Court in Murder Appeal Under BNSS A Single Act of Corruption Warrants Dismissal – 32 Years of Service Offers No Immunity: Punjab & Haryana High Court Upholds ASI’s Removal Suit Against Trustee Without Charity Commissioner’s Consent Is Statutorily Barred: Bombay High Court Government Can't Deny Implied Surrender After Refusing to Accept Possession: Madras HC Clarifies Scope of Section 111(f) of TP Act Custodial Interrogation Must Prevail Over Pre-Arrest Comfort in Hate Speech Cases: Punjab & Haryana High Court Denies Anticipatory Bail for Provocative Remarks Against Migrants Mutation Order Without Notice Cannot Stand in Law: Orissa High Court Quashes Tahasildar's Rejection for Violating Natural Justice Cruelty Must Be Grave and Proven – Mere Allegations of Disobedience or Demand for Separate Residence Don’t Justify Divorce: Jharkhand High Court Rejects Husband’s Divorce Appeal Retaliatory Prosecution Cannot Override Liberty: Himachal Pradesh High Court Grants Bail in PMLA Case Post CBI Trap of ED Officer Illegal Remand Without Production of Accused Is Not a Technical Lapse, But a Constitutional Breach: Andhra Pradesh High Court Grants Bail in Major NDPS Case Inherent Power Under Section 528 BNSS Not a Substitute for Article 226 When FIR Is Under Challenge Without Chargesheet or Cognizance Order: Allahabad High Court Possession Without Title Is Legally Insubstantial: Gujarat HC Dismisses Appeal By Dairy Cooperative Over Void Land Transfer You Can Prosecute a Former Director, But You Can’t Force Him to Represent the Company: Calcutta High Court Lays Down Clear Limits on Corporate Representation in PMLA Cases Conviction Cannot Rest on Tainted Testimony of Injured Witnesses in Isolation: Bombay High Court Acquits Five in Murder Case One Attesting Witness is Sufficient if He Proves Execution and Attestation of Will as Required by Law: AP High Court Land Acquisition | Delay Cannot Defeat Just Compensation: P&H High Court Grants Enhanced Compensation Despite 12-Year Delay in Review Petitions by Landowners Allegations Implausible, Motivated by Malice: Kerala High Court Quashes Rape Case After Finding Abuse Claims a Counterblast to Civil Dispute Adoptions Under Hindu Law Need No Approval from District Magistrate: Madras High Court Declares Administrative Rejection of Adoptive Birth Certificate as Illegal Findings of Fact Cannot Be Re-Appreciated in an Appeal Under Section 10F Companies Act: Madras High Court Equality Is Not A Mechanical Formula, But A Human Commitment: P&H High Court Grants Visually Impaired Mali Retrospective Promotions With Full Benefits Orissa High Court Rules Notice for No Confidence Motion Must Include Both Requisition and Resolution – Provision Held Mandatory Ashramam Built on Private Land, Managed by Family – Not a Public Religious Institution: Andhra Pradesh High Court Quashes Endowments Notification Cruelty Must Be Proved, Not Presumed: Gujarat High Court Acquits Deceased Husband In 498A Case After 22 Years Trade Dress Protection Goes Beyond Labels: Calcutta High Court Affirms Injunction Over Coconut Oil Packaging Mimicry Mere Filing of Income Tax Returns Does Not Exonerate the Accused: Madras High Court Refuses Discharge to Wife of Public Servant in ₹2 Crore DA Case

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

07 May 2024 8:19 AM

By: Admin


In a significant ruling, the Calcutta High Court, presided over by The Hon’ble Justice Shampa Dutt (Paul), delivered a judgment on 16th 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.

Latest Legal News