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ABHAY S. OKA, MANMOHAN
State of Jharkhand – Appellant
Versus
Nishkant Dubey – Respondent
JUDGMENT :
MANMOHAN, J
1. Present appeals have been filed challenging the judgment and order dated 13th March, 2023 passed by the High Court of Jharkhand at Ranchi allowing the writ petitions filed by the Respondents herein and quashing the First Information Report (‘FIR’) being Deoghar Kunda P.S. Case No.169 of 2022 registered against the Respondents-accused persons for commission of alleged offences under Sections 336, 447 and 448 of Indian Penal Code, 1860 (‘IPC’) and Sections 10 and 11A of the Aircraft Act, 1934 holding that the FIR is vitiated by mala fides and allowing the proceedings to continue would amount to abuse of law. The High Court of Jharkhand at Ranchi while quashing the FIR has held as under:-
(1) Quashing of criminal proceedings – In exercise of extraordinary power under Article 226 of Constitution of India or inherent powers under Section 482 of Code, it is open to High Court to quash FI....
The court quashed the FIR due to lack of evidence against the petitioner, emphasizing that mere allegations without presence or intent do not constitute a valid case under the IPC or Official Secrets....
Cognizance of offences under the Aircraft Act requires prior sanction from specified authorities; absence of such sanction renders the FIR and subsequent proceedings invalid.
The absence of a lawful order from a public servant invalidates the FIR for disobedience, and significant delay in lodging the complaint undermines its credibility.
The court held that an FIR must disclose a cognizable offence for investigation to proceed, and allegations of malafide do not negate the existence of such an offence.
FIR not quashable where allegations of blocking judicial officer's residence and demanding bail prima facie show criminal trespass intent to intimidate; no mini-trial, accept FIR as true, especially ....
The court held that proceedings were quashed as the allegations did not establish a prima facie case for prosecution, emphasizing principles of abuse of process and judicial discretion in criminal ca....
Private complaint – Cognizance of offence - order of the Magistrate for taking cognizance and issuance of process only on the point of deemed sanction is not tenable and there are no valid grounds to....
The Court emphasized that the determination of the truthfulness of allegations and sufficiency of evidence is within the domain of the trial court, and the exercise of inherent power to quash the FIR....
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