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ANJANI KUMAR SHARAN
Sanjeev Ranjan S/o Shyam Nandan Prasad – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
ANJANI KUMAR SHARAN, J.
1. This quashing application has been filed for quashing of the order dated 04.12.2015 passed by the learned Sessions Judge, Purnea in Cr. Revision No. 192 of 2015 by which he had set aside the order dismissing the complaint at pre-summoning stage for non-prosecution and consequential order dated 24.08.2016 passed in Complaint Case No. 822 of 2015 by the learned Chief Judicial Magistrate, Purnea, whereby the learned court below has taken cognizance for offence under Section 466, 468, 471 read with 120(B) of the Indian Penal Code and issued summons for appearance of the petitioner and other accused persons.
2. The facts of the case, in brief, is that a complaint was filed on 01.03.2015 in the Court of Learned Chief Judicial Magistrate, Purnea by the complainant Ratan Prasad claiming herself to be an educated lady for an incident said to have been committed on 19.12.2008, wherein she has alleged that accused no. 1 is a practicing lawyer of Patna High Court and accused Nos. 2, 3, and 4 were partners of Chitrawani Cinema and in the partnership firm they were running the cinema hall at Bhatta Bazar in the name and style of Purnea Takies. It is alleged in
The absence of dishonest intention is crucial for establishing offenses under the Indian Penal Code, impacting the dismissal of complaints and the sufficiency of evidence in criminal proceedings.
The court emphasized that successive FIRs regarding the same incident are impermissible and quashed the FIR based on concealment of previous complaints and forum shopping, affirming the requirement o....
(1) Nothing has been done which is beyond jurisdiction and competence of the Special Court, SC/ST (POA) Act.(2) Exercise of the inherent powers to quash the proceedings is called for only in case whe....
The main legal point established in the judgment is that lack of prima facie evidence and mala-fide intention in a civil dispute can lead to the quashing of criminal proceedings.
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