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IN THE HIGH COURT OF JUDICATURE AT PATNA
JITENDRA KUMAR
Amit Sinha @ Amit Kumar Sinha, S/o Late Jagdishwer Prasad Sinha – Appellant
Versus
State Of Bihar – Respondent
| Table of Content |
|---|
| 1. factual basis of the complaint regarding property dispute. (Para 1 , 2 , 3) |
| 2. arguments regarding the lack of specific allegations against the petitioner. (Para 5 , 6) |
| 3. state's contention supporting the validity of the initial orders. (Para 8) |
| 4. scope of section 482 crpc in preventing abuse of court process. (Para 10 , 12) |
| 5. conclusion on quashing the impugned order based on legal grounds. (Para 25 , 31 , 32) |
| 6. protection under section 197 crpc for public servants. (Para 26 , 28) |
JUDGMENT :
(JITENDRA KUMAR, J.)
The present petition, under Section 482 Cr.PC, has been preferred by the petitioner for quashing the impugned order dated 03.08.2016 passed by learned Additional District & Sessions Judge-III, Gopalganj in Cr. Revision No. 1034 of 2013 and the order dated 11.07.2013 passed by learned Judicial Magistrate Ist Class in Criminal Complaint Case No. 3288 of 2012, whereby learned Sessions Court has dismissed the revision petition upholding the order dated 11.07.2013, whereby ld. Judicial Magistrate has directed issuance of summons against the accused including the petitioner finding prima facie case under Sections 417 and 465 of the INDIAN PENAL CODE .
Prosecution C
Failure to establish a prima facie case under Sections 417 and 465 of the IPC; lack of necessary sanction for prosecution of public servant mandates quashing of proceedings.
There must be a prima facie case for a cognizance order; if facts only reveal a civil dispute, the criminal proceedings cannot proceed.
A public servant's actions performed in the course of official duties may not require sanction for prosecution if the alleged offences are unrelated to those duties.
(1) Cheating, forgery and conspiracy – If intent is on face of it is absent qua one of offences in same transaction, it is absent in respect of other offence as well.(2) Sections when put into a char....
It is well settled that in order to constitute an offence of cheating, it must be shown that the accused had fraudulent or dishonest intention at the time of making the representation or promise and ....
The main legal point established in the judgment is that in cases of alleged forgery, the court must consider the nature of the dispute, the absence of financial loss or loss of property, and the set....
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