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CHANDRA SHEKHAR JHA
Manik Chand Khaitan – Appellant
Versus
State of Bihar – Respondent
Chandra Shekhar Jha, J.—Heard learned counsel appearing for the parties.
2. This is an application for quashing the order dated 29.03.2022 passed in connection with Trial Case No. 116 of 2022 arising out of Belaganj P.S. Case No. 184 of 2016 passed by learned Special Judge, Scheduled Castes and Scheduled Tribe, Gaya where cognizance for the offence punishable under section Sections 302, 201 and 34 of the Indian Penal Code,1860 and Sections 3(2)(v) of the Scheduled Castes and Scheduled Tribe (P.O.A.) Act, 1989, against the appellant.
3. The crux of prosecution case is that on 02.07.2016 at around 11 A.M. the husband of respondent no.2 went to Gaya for some purchase, but he did not return till night, however the items purchased reached home through horse cart at around 3 P.M. The informant further stated that she enquired regarding whereabouts of her husband from the godown owner (appellant) telephonically who told that the victim did not come to his shop. It is further stated that on 03.07.2016 at around 6 A.M. some co-villagers called on her mobile-phone and gave the news that her husband was murdered, and his dead body is hanging on the “peepal tree” near Sonpur Surya Temple. The in
The court emphasized that the power under Section 482 Cr.P.C. should be sparingly exercised and that the court should not interfere with the investigation unless no cognizable offence is disclosed. I....
Criminal proceedings can be quashed when based on unsubstantiated allegations, especially in cases of inordinate delay in the investigation, which infringes on the right to a speedy trial.
The absence of medical evidence and post-mortem reports precludes establishing a prima facie case for homicide, raising doubts about the informant's motives.
The court emphasized that the veracity of defense materials cannot be examined at the stage of quashing the FIR and that the power of quashing should be exercised sparingly. It also highlighted that ....
The court may quash an FIR when allegations are unsubstantiated, malicious, or arise from a compromised situation post-marriage dissolution, to prevent abuse of the legal process.
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