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CHANDRA SHEKHAR JHA
Shambhu Prasad Singh – Appellant
Versus
State of Bihar – Respondent
Chandra Shekhar Jha, J. – Heard learned counsel for the petitioner and learned counsel for the respondents.
2. The present quashing petition has been preferred to quash the entire proceedings in connection with Special Case No. 140 of 2014 arising out of Harijan P.S. Case No. 4 of 2012, where learned Additional District Judge-I cum Special Judge SC/ST Act, Patna took cognizance for the offences punishable under Sections 341, 323, 420, 406, 467, 468, 471 and 120 (B) of the Indian Penal Code (in short IPC) and Section 3(I)(IV)(XI)(XV) of the SC/ST Act (Prevention of Atrocities) Act, 1989 against the petitioners, vide order dated 03.09.2013.
3. Opposite Party No. 2 is duly represented.
4. From the crux of complaint petition it appears that one Ashok Paswan, son of Late Tapeshwar Paswan filed Complaint Case No. 27 (c) of 2012 against the petitioners, stating thereof that complainant has got ancestral house constructed her 3 decimals of land having one room having concrete roof and 3 rooms with asbestos sheet and some open agricultural land, which is now residential in nature. It was alleged that malguzari/rent was being issued by Danapur Municipality in the name of his mother Mitwa Devi.
The SC/ST Act should not be invoked for civil disputes, and criminal proceedings must not be misused for personal vendettas.
The court quashed criminal proceedings against the accused, determining that the allegations were civil in nature and lacked prima facie evidence of criminal wrongdoing.
(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 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 reaffirmed that a cognizance order can be quashed if it lacks substantial basis and if allegations raised do not prima facie constitute an offence, highlighting the misuse of protective leg....
The court emphasized that criminal proceedings must be quashed if they lack prima facie evidence, preventing abuse of the judicial process.
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....
The court established that charges cannot be sustained without adequate evidence, and magistrates must provide reasons for their decisions to ensure justice.
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