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CHANDRA SHEKHAR JHA
Bandana Mishra – Appellant
Versus
State of Bihar – Respondent
Chandra Shekhar Jha, J. – Heard Mr. M.N. Parbat, learned senior counsel appearing on behalf of the petitioners, Mr. Shyameshwar Dayal, learned APP appearing on behalf of the State duly assisted by Mr. Rikesh Sinha, learned counsel for the opposite party no.2.
2. The present application has been filed for quashing the order taking cognizance dated 19.05.2015 passed by learned Chief Judicial Magistrate, Darbhanga in L.N.M. Vishwa Vidyalay P.S. Case No.195 of 2014 (Trial No.410 of 2016), whereby the learned Jurisdictional Magistrate has taken cognizance of offences punishable under Sections 341, 323, 448, 380, 504 and 506 read with 34 of the Indian Penal Code (for short ‘IPC’) against the petitioners.
3. The prosecution case is based upon the written application of one Ashutosh Kumar Mishra, informant/opposite party no.2, dated 27.08.2014 filed before the Officer-in-charge, L.N.M. Vishwa Vidyalay Police Station stating therein that his ancestral house is situated at Denbey Road, but he normally reside at Singarauli, in connection with his business activities. The informant has two brothers, one elder to him namely, Ashok Kumar Mishra, who died much before. The informant had put his lock
The court established that repetitive complaints lacking substantial evidence against the accused can constitute malicious prosecution, warranting quashing of proceedings to prevent abuse of legal pr....
The court established that criminal proceedings should not be permitted to serve as a tool for harassment or retaliation in the context of civil disputes, emphasizing the need for a prima facie case ....
The court quashed the FIR under Section 420 IPC, finding no cognizable offence and highlighting the violation of natural justice principles in the registration process.
The court quashed criminal proceedings as the allegations did not disclose a cognizable offence and were deemed an abuse of process, emphasizing the distinction between civil and criminal disputes.
Cheating and forgery – A bonafide criminal prosecution cannot be quashed at threshold.
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