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SANDEEP KUMAR
Anjana Singh – Appellant
Versus
State of Bihar – Respondent
Sandeep Kumar, J. – Heard learned Senior Counsel for the petitioner, learned APP for the State and learned counsel for the opposite party no.2.
2. The present application has been preferred under section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’), by the petitioner assailing the order taking cognizance dated 18.03.2019 passed by the Additional Chief Judicial Magistrate, Patna City, whereby the learned Magistrate has taken cognizance against the petitioner for the offence under sections 419, 420, 467, 468, 471, 120-B read with section 34 of the Indian Penal Code ( for short ‘I.P.C.’) in connection with Agamkuan P.S. Case No. 99 of 2017.
3. The case of the prosecution, in brief, relevant for the present application is that the informant - Deepak Kumar had made a written complaint before the officer-in-charge of the Agamkuan Police Station on 05.03.2017 stating therein that he has a joint property with his elder brother namely, Jai Shankar Singh situated at Anand Path, Kati Factory Road, Patna and that the elder brother of the informant had formed/incorporated a firm in the name of ‘Maa Vaishno Sales’ in which his elder brother had made his wife Sunita Devi (bhabh
The prosecution failed to prove beyond a reasonable doubt the offences of conspiracy and forgery against the appellants, with mere suspicion not serving as a substitute for valid evidence.
The charge under Section 420 IPC can stand alone and is not dependent on the charge under Section 406 IPC.
The existence of dishonest intention from inception is crucial for establishing the offense of cheating; mere default in loan repayment is insufficient for criminal prosecution.
A lack of prima facie evidence for conspiracy negates the framing of criminal charges against a bank valuer who submitted inflated property valuations.
The court emphasized the importance of evaluating the prosecution's material at the stage of considering an application for discharge and highlighted that the trial court is not expected to conduct a....
When a complaint is sought to be quashed, it is permissible to look into the materials to assess what the complainant has alleged and whether any offence is made out even if the allegations are accep....
The court determined that charges against the petitioner lacked sufficient independent evidence and quashed the proceedings, asserting that mere recommendation of loans without fraudulent intent does....
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