Authority: High Court at Calcutta, Criminal Revisionary Jurisdiction, Appellate Side
Order Date: 17 September 2026
Case Overview
- Petitioner: Vijay Prashad (also known as Vijay Pratap Prasad), caretaker of Himalaya Plaza, Durgapur Express Highway Crossing, Hooghly.
- Respondents: State of West Bengal & Anr.
- Original proceeding: G.R. Case No. 4693 of 2013 arising from Dasnagar Police Station Case No. 95 of 2013 (dated 28‑06‑2013) under IPC sections 420, 406, 477, 468, 471, 120B; also previous Jagacha PS Case No. 307 of 2012.
- Alleged fraud: Directors Budhaditya Chattopadhyay and Soumi Chattopadhyay of Weried Gems & Jewelleries Pvt Ltd, presenting themselves as scientists/consultants of “Elixir Excellenza”, prepared a project report for a Rs 80 crore Medical College & Hospital (Sovereign Medical Research Institute & Hospital) in Balasore, Orissa. The petitioner’s company paid Rs 2,98,000 to them; later discovered fabricated documents, unsatisfactory work, and dishonoured cheques (two Rs 1 crore A/C payee cheques and one Rs 2.30 crore cheque).
- The petitioner was not named in the FIR, not a party to the tenancy agreement, and was arrested without specific allegations.
- Trial court bail order observed no specific allegation against petitioner; cheques issued by FIR‑named accused, not petitioner.
Final Outcome
- The High Court, applying the Bhajan Lal guidelines, held that the allegations did not prima facie constitute an offence against the petitioner.
- CRR 2073 of 2024 is allowed; the criminal proceeding in G.R. Case No. 4693 of 2013 is quashed with respect to Vijay Prashad.
- All connected applications are disposed of; any interim orders are vacated.
- The judgment is to be sent to the trial court for compliance; certified website copy to be supplied upon request.
Topics: Criminal Law, Judicial Review