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CHANDRA SHEKHAR JHA
Sidheshwar Prasad Singh – Appellant
Versus
State of Bihar – Respondent
Chandra Shekhar Jha, J. – Heard learned counsel for the petitioners and learned counsel for the respondent.
2. The present quashing petition has been preferred to quash the order dated 07.04.2015 passed in Complaint Case No. 27 of 2015, where learned Sub- Divisional Judicial Magistrate, Rosera-Samastipur, took cognizance for the offence punishable under Sections 323, 342, 384 & 386 of the Indian Penal Code and Section 27 of the Arms Act against the petitioners.
3. Despite proper service of notice opposite party No. 2, fails to join the present court proceedings.
4. From the crux of complaint petition it appears that complainant and other witnesses of the present complaint purchased more than 12 bigha land from Chandresekhar Prasad Singh, Nageshwar Prasad Singh, Jyotish Kumar Singh, Prakash Kumar Singh and Bikash Kumar Singh on 19.12.2014, where complainant purchased 10 katha of land. It is alleged that on 05.01.2015 around 10:00 AM all accused persons came with their illegal weapon on the alleged land purchased by complainant. It is further alleged that they all surrounded the complainant at the mention of land and demanded Rs. 50,000/- of levy and threatened that they will not allow
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.
The court emphasized that civil disputes should not be disguised as criminal offences and quashed the proceedings due to lack of prima facie evidence and malafide intention.
The existence of civil proceedings does not preclude criminal prosecution when allegations disclose cognizable offences, affirming the concurrent nature of civil and criminal jurisdictions.
The court established that criminal proceedings should not be initiated for disputes that are essentially civil in nature, and that the inherent powers under Section 482 of the Cr.P.C. can be invoked....
Criminal proceedings should not be pursued when the dispute is purely civil and lacks essential elements of a cognizable offence, to prevent misuse of criminal law.
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