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IN THE HIGH COURT OF JUDICATURE AT PATNA
CHANDRA SHEKHAR JHA
Shovendra Kumar Chaudhary @ Shobhendra Kumar Chaudhary, S/o Sri Shakti Dhar Choudhary – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
CHANDRA SHEKHAR JHA, J.
The present application has been preferred for quashing of First Information Report (in short ‘FIR’) of Bhagalpur (Adampur) P.S. Case No.924 of 2014 dated 13.12.2014 registered for the offences punishable under Sections 420, 467, 471 and 120-B of the Indian Penal Code (in short ‘IPC’).
2. As per case of prosecution, a piece of land which was owned by the informant was leased to her uncle for business purposes, which was further sub-let to co-accused, namely, Abhay Kumar Singh as the business of her uncle did not go well. The said co-accused Abhay Kumar Singh established a rice mill on the land of the informant, who approached in January, 2013 to uncle of the informant and requested to provide the original land deed on the pretext of getting correct information regarding boundaries and specifications of the land. The original document of land, which was obtained by co-accused Abhay Kumar Singh as aforesaid, was not returned to the informant, and later on, she came to know that co-accused Abhay Kumar Singh in connivance with the petitioner mortgaged the land of the informant and took a supply contract of paddy to the Bihar State Food and Civil Supplies
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.
(1) Registration of multiple FIRs assumes importance, thereby attracting issue of wreaking vengeance out of private or personal grudge.(2) Court while exercising its jurisdiction under Section 482 of....
The court quashed the FIR under Section 420 IPC, finding no cognizable offence and highlighting the violation of natural justice principles in the registration process.
A second FIR cannot be filed for the same offences due to the principles set forth in Section 162, CrPC, and the distinction between civil and criminal disputes is paramount in determining maintainab....
An FIR cannot be quashed as a second FIR if it follows an initial report of death, and the court cannot intervene post cognizance without pending matters.
The main legal point established in the judgment is the court's power to quash proceedings under Section 482 of the CrPC to prevent abuse of the process of law and to secure the ends of justice.
The defense material must render the allegations redundant for the proceedings to be quashed, and a thorough trial is needed to establish the veracity of the allegations.
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